UC-NRLF 


General  School  Law  of  the  State  of 

Montana 

Provisions  of  the  Enabling  Act. 

Section  4.  *  *  *  And  said  (constitutional)  conventions 
shall  provide  by  ordinance  irrevocable  without  the  consent 
of  the  United  States  and  the  people  of  said  states  *  *  * 

Fourth.  That  provisions  shall  be  made  for  the  estab- 
lishment and  maintenance  of  systems  of  public  schools, 
which  shall  be  open  to  all  children  from  said  states,  and  free 
from  sectarian  control. 

Section  10.  That  upon  admission  of  each  of  said  states 
into  the  Union,  sections  numbered  16  and  36  in  every  town- 
ship of  said  proposed  states,  and  where  such  sections  or  any 
parts  thereof  have  been  sold  or  otherwise  disposed  of  by  or 
under  the  authority  of  any  Act  of  Congress,  other  lands 
equivalent  thereto,  in  legal  subdivisions  of  not  less  than 
one  quarter  section,  and  as  contiguous  as  may  be  to  the 
section  in  lieu  of  which  the  same  is  taken,  are  hereby  granted 
to  said  states  for  the  support  of  common  schools,  such  indem- 
nity land  to  be  selected  within  said  states  in  such  manner 
as  the  Legislature  may  provide,  with  the  approval  of  the 
Secretary  of  the  Interior;  Provided,  that  the  sixteenth  and 
thirty-sixth  sections  embraced  in  permanent  reservations  for 
national  purposes  shall  not,  at  any  time,  be  subject  to  the 
grants  nor  to  the  indemnity  provisions  of  this  act,  nor  shall 
any  lands  embraced  in  Indian,  military  or  other  reservations 
of  any  character,  be  subject  to  the  grants  or  to  the  indem- 
nity provisions  of  this  act  until  the  reservations  shall  have 
been  extinguished  and  such  lands  be  restored  to,  and  be- 
come a  part  of  the  public  domain. 

Section  11.  That  all  the  lands  herein  granted  for  educa- 
tional purposes  shall  be  disposed  of  only  at  public  sale,  and 
at  a  price  not  less  than  ten  (10)  dollars  per  acre,  the  pro- 
ceeds to  constitute  a  permanent  school  fund,  the  interest  of 
which  only  shall  be  expended  in  the  support  of  said  schools. 
But  said  lands  may,  under  such  regulation  as  the  Legislature 
shall  prescribe,  be  leased  for  periods  of  not  more  than  five 
years,  in  quantities  not  exceeding  one  section  to  any  one  per- 


4  STATE    OF    MONTANA 

son  or  company;  and  such  lands  shall  not  be  subject  to  pre- 
emption, homestead  entry,  or  any  other  entry  under  the  land 
laws  of  the  United  States,  whether  surveyed  or  unsurveyed, 
but  shall  be  reserved  for  school  purposes  only. 

Section  13.  That  5  per  centum  of  the  proceeds  of  the 
sales  of  public  lands  lying  within  said  states  which  shall  be 
sold  by  the  United  States  subsequent  to  the  admission  of 
said  states  into  the  Union,  after  deducting  all  the  expenses 
incident  to  the  same,  shall  be  paid  to  the  said  states  to  be 
used  as  a  permanent  fund,  the  interest  of  which  only  shall  be 
expended  for  the  support  of  common  schools  within  said 
states  respectively. 

Section  14.  That  the  lands  granted  to  the  Territories  of 
Dakota  and  Montana  by  the  act  of  February  18,  1881,  en- 
titled "An  Act  to  Grant  Lands  to  Dakota,  Montana,  Arizona, 
Idaho  and  Wyoming  for  University  Purposes,"  are  hereby 
vested  in  the  states  of  South  Dakota,  North  Dakota  and 
Montana  respectively,  if  such  states  are  admitted  into  the 
Union  as  provided  in  this  act,  to  the  extent  of  the  full  quan- 
tity of  seventy-two  sections  to  each  of  said  states,  and  any 
portion  of  said  lands  that  may  not  have  been  selected  by 
either  of  said  Territories  of  Dakota  or  Montana  may  be  se- 
lected by  the  respective  states  aforesaid;  but  said  act  of 
February  18,  1881,  shall  be  so  amended  as  to  provide  that 
none  of  said  lands  shall  be  sold  for  less  than  ten  (10)  dollars 
per  acre,  and  the  proceeds  shall  constitute  a  permanent  fund 
to  be  safely  invested  and  held  by  said  states  severally,  and 
the  income  thereof  to  be  used  exclusively  for  university  pur- 
poses. *  *  *  None  of  the  lands  granted  in  this  section  shall 
be  sold  at  less  than  ten  (10)  dollars  per  acre;  but  said  lands 
may  be  leased  in  the  same  manner  as  provided  in  Section  11 
of  this  act.  The  schools,  colleges,  and  universities  provided 
for  in  this  act  shall  forever  remain  under  the  exclusive  con- 
trol of  said  states,  respectively,  and  no  part  of  the  proceeds 
arising  from  the  sale  or  disposal  of  any  lands  herein  granted 
for  educational  purposes  shall  be  used  for  the  support  of  any 

sectarian    or    denominational    school,    college    or    university. 

#     #     * 

Section  16.  That  90,000  acres  of  land  to  be  selected  and 
located  as  provided  in  Section  10  of  this  act,  are  hereby 
granted  to  each  of  said  states  except  to  the  State  of  South 
Dakota,  to  which  120,000  acres  are  granted  for  the  use  and 


GENERAL    SCHOOL    LAW  5 

support  of  agricultural  colleges  in  said  states,  as  provided  in 
the  acts  of  Congress  making  donations  of  lands  for  such  pur- 
poses. 

Section  17.  That  in  lieu  of  the  grant  of  land  for  purposes 
of  internal  improvement  made  to  new  states  by  the  eighth 
section  of  the  act  of  September  4,  1841,  which  act  is  hereby 
repealed  as  to  the  states  provided  for  by  this  act,  and  in  lieu 
of  any  claim  or  demand  by  the  said  states,  or  either  of  them, 
under  the  act  of  September  28,  1850,  and  Section  2479  of  the 
Revised  Statutes  making  a  grant  of  swamp  and  overflowed 
lands  to  certain  states,  which  grant  it  is  hereby  declared  is 
not  extended  to  the  states  provided  for  in  this  act,  and  in 
lieu  of  any  grant  of  saline  lands  to  said  states,  the  following 
grants  of  land  are  hereby  made,  to-wit: 

*  *  *To  the  State  of  Montana:  For  the  establishment 
and  maintenance  of  a  School  of  Mines,  100,000  acres;  for 
State  Normal  Schools,  100,000  acres;  for  Agricultural  Col- 
leges, in  addition  to  the  grant  hereinbefore  made  for  that 
purpose,  50,000  acres;  for  the  establishment  of  a  State  Re- 
form School,  50,000  acres;  for  the  establishment  of  a  Deaf 
and  Dumb  Asylum,  50,000  acres;  for  the  public  buildings  at 
the  Capital  of  the  State,  in  addition  to  the  grant  hereinbe- 
fore made  for  that  purpose,  150,000  acres. 

*  *  *  That  the  states  provided  for  in  this  act  shall  not 
be  entitled  to  any  further  or  other  grants  of  land  for  any 
purpose  than  as  expressly  provided  for  in  this  act.  The 
lands  granted  by  this  section  shall  be  held,  appropriated  and 
disposed  of  exclusively  for  the  purpose  herein  mentioned,  in 
such  manner  as  the  Legislatures  of  the  respective  states  may 
severally  provide. 

Section  18.  That  all  mineral  land  shall  be  exempted  from 
the  grants  of  this  act.  But  if  sections  16  and  36,  or  any  sub- 
division or  portion  of  any  smallest  subdivision  thereof  in  any 
township  shall  be  found  by  the  Department  of  the  Interior  to 
be  mineral  lands,  said  states  are  herby  authorized  and  em- 
powered to  select,  in  legal  subdivisions,  an  equal  quantity  of 
other  unappropriated  lands  and  said  states,  in  lieu  thereof, 
for  the  use  and  benefit  of  the  common  schools  of  said  states. 

Section  19.  That  all  lands  granted  in  quantity  or  as  in- 
demnity by  this  act  shall  be  selected,  under  the  direction  of 
the  Secretary  of  the  Interior,  from  the  surveyed,  unsurveyed 

id  unappropriated  public  lands  of  the  United  States  within 


and  u 


6  STATE     OF     MONTANA 

the  limits  of  the  respective  states  entitled  thereto.  And 
there  shall  be  deducted  from  the  number  of  acres  of  land 
donated  by  this  act  for  specific  objects  to  said  states  the 
number  of  acres  in  each  heretofore  donated  by  Congress  to 
said  territories  for  similar  objects. 


GENERAL    SCHOOL    LAW  7 

CONSTITUTIONAL   PROVISIONS. 

(August  17th,   1889.) 

PREAMBLE. 

We,  the  people  of  Montana,  grateful  to  Almighty  God  for 
the  blessings  of  liberty,  in  order  to  secure  the  advantages  of 
a  State  government,  do,  in  accordance  with  the  provisions 
of  the  Enabling  Act  of  Congress,  approved  the  22nd  of 
February,  A.  D.,  1889,  ordain  and  establish  this  Constitution. 

ARTICLE   V. 

The  Legislative  Department. 

Section  26.  The  Legislative  Assembly  shall  not  pass  local 
or  special  laws  in  any  of  the  following  enumerated  cases, 
that  is  to  say: 

He  *  #  *      *  *  *  *  *  # 

13.     Providing  for  the  management  of  common  schools. 

ARTICLE    VII. 
Executive  Department. 

Section  1.  The  Executive  Department  shall  consist  of  a 
*  *  Superintendent  of  Public  Instruction,  each  of  whom  shall 
hold  his  office  for  four  years,  or  until  his  successor  is  elected 
and  qualified,  beginning  on  the  first  Monday  of  January  next 
succeeding  his  election,  except  that  the  terms  of  office  of 
those  who  are  elected  at  the  first  election,  shall  begin  when 
the  state  shall  be  admitted  into  the  Union  and  shall  end  on 
the  first  Monday  of  January,  A.  D.  1893.  The  officers  of 
the  Executive  Department,  excepting  the  Lieutenant  Gov- 
ernor, shall  during  their  terms  of  office  reside  at  the  seat  of 
government  where  they  shall  keep  the  public  records,  books 
and  papers.  They  shall  perform  such  duties  as  are  pre- 
scribed in  this  Constitution  and  by  the  laws  of  the  State  *  * 

Section  3.  No  person  shall  be  eligible  to  the  office  of  *  * 
Superintendent  of  Public  Instruction,  unless  he  shall  have 
attained  the  age  of  thirty  years  at  the  time  of  his  election. 

*  In  addition  to  the  qualifications  above  prescribed,  each 
of  the  officers  named  shall  be  a  citizen  of  the  United  States, 
and  have  resided  within  the  State  or  Territory  two  years 
next  preceding  his  election. 

Section  4.  Until  otherwise  provided  by  law,  the  *  *  * 
Superintendent  of  Public  Instruction,  shall  quarterly  as  due, 
during  their  continuance  in  office,  receive  for  their  services 
compensation  which  is  fixed  as  follows  ********* 


8  STATE     OF     MONTANA 

Superintendent  of  Public  Instruction,  two  thousand  five 
hundred  dollars  per  annum. 

The  compensation  enumerated  shall  be  in  full  for 
all  services  by  said  officers  respectively  rendered  in  any  of- 
ficial capacity  or  employment  whatever  during  their  respec- 
tive terms  of  office,  and  the  salary  of  no  official  shall  be 
increased  during  his  term  of  office.  No  officer  named  in 
this  section  shall  receive  for  the  performance  of  any  official 
duty,  any  fee  for  his  own  use,  but  all  fees  fixed  by  law  for 
the  performance  by  any  officers  of  any  official  duty,  shall 
be  collected  in  advance,  and  deposited  with  the  State  Treas- 
urer quarterly  to  the  credit  of  the  State.  No  officer  men- 
tioned in  this  section  shall  be  eligible  to,  or  hold  any  other 
public  office,  except  member  of  State  Board  of  Education 
during  his  term  of  office. 

ARTICLE  IX. 

Elective  Franchise. 

Section  10.  Women  shall  be  eligible  to  hold  the  office  of 
County  Superintendent  of  School  or  any  school  district  office 
and  shall  have  the  right  to  vote  at  any  school  district  elec- 
tion. 

ARTICLE   X. 

State  Institutions. 

Section  1.  Educational,  reformatory  and  penal  institu- 
tions, and  those  for  the  benefit  of  the  insane,  blind,  deaf 
and  mute,  soldiers'  home,  and  such  other  institutions  as  the 
public  good  may  require,  shall  be  established  and  supported 
by  the  state  in  such  a  manner  as  may  be  prescribed  by  law. 

ARTICLE  XI. 

Education. 

Section  1<  It  shall  be  the  duty  of  the  Legislative  Assem- 
bly of  Montana  to  establish  and  maintain  a  general,  uniform 
and  thorough  system  of  public,  free  common  schools. 

Section  2.  The  public  school  fund  of  the  State  shall  con- 
sist of  the  proceeds  of  such  lands  as  have  heretofore  been 
granted,  or  may  hereafter  be  granted,  to  the  State  by  the 
general  government,  known  as  school  lands ;  and  those 
granted  in  lieu  of  such  lands  acquired  by  gift  or  grant 
from  any  person,  or  corporation  under  any  law  or  grant  of 
the  general  government;  and  of  all  other  grants  of  land  or 
money  made  to  the  State  from  the  general  government  for 


GENERAL    SCHOOL    LAW  9 

general  education  purposes,  or  where  no  other  special  pur- 
pose is  indicated  in  such  grant;  all  estate  or  distributive 
shares  of  estates  that  may  escheat  to  the  State;  all  un- 
claimed shares  and  dividends  of  any  corporation  incorporated 
under  the  laws  of  the  State,  and  all  other  grants,  gifts,  de- 
vises or  bequests  made  to  the  State  for  general  educational 
purposes. 

Sec.  3.  Such  public  school  fund  shall  forever  remain 
inviolate,  guaranteed  by  the  State  against  loss  or  diversion, 
to  be  invested,  so  far  as  possible,  in  public  securities  within 
the  State,  including  school  district  bonds,  issued  for  the  erec- 
tion of  school  buildings,  under  the  restrictions  to  be  provided 
by  law. 

Section  4.  The  Governor,  Superintendent  of  Public  In- 
struction, Secretary  of  State  and  Attorney  General  shall  con- 
stitute the  State  Board  of  Land  Commissioners,  which  shall 
have  the  direction,  control,  leasing  and  sale  of  the  school 
lands  of  the  State  and  the  lands  granted  or  which  may  here- 
after be  granted  for  the  support  and  benefit  of  the  various 
State  educational  institutions,  under  such  regulations  and 
restrictions  as  may  be  prescribed  by  law. 

Section  5.  The  interest  on  all  invested  school  funds  of  the 
State,  and  all  rents  accruing  from  the  leasing  of  any  school 
lands,  shall  be  apportioned  to  the  several  school  districts  of 
the  State  in  proportion  to  the  number  of  children  and  youths 
between  the  ages  of  six  and  twenty-one  years,  residing 
therein  respectively,  but  no  district  shall  be  entitled  to  such 
distributive  share  that  does  not  maintain  a  free  public  school 
for  at  least  three  months  during  the  year  for  which  distribu- 
tions shall  be  made. 

Section  6.  It  shall  be  the  duty  of  the  Legislative  Assem- 
bly to  provide  by  taxation,  or  otherwise,  sufficient"  means  in 
connection  with  the  amount  received  from  the  general  school 
fund,  to  maintain  a  public,  free,  common  school  in  each  or- 
ganized district  in  the  State,  for  at  least  three  months  in 
each  year. 

Section  7.  The  public  free  schools  of  the  state  shall  be 
open  to  all  children  and  youth  between  the  ages  of  six  and 
twenty-one  years. 

Section  8.  Neither  the  Legislative  Assembly,  nor  any 
county,  city,  town,  or  school  district,  or  other  public  corpora- 
tions, shall  ever  make  directly  or  indirectly  any  appropria- 


10  STATE     OF     MONTANA 

tion,  or  pay  from  any  public  fund  or  moneys  whatever,  or 
make  any  grant  of  lands  or  other  property  in  aid  of  any 
church,  or  for  any  sectarian  purpose,  or  to  aid  in  the  support 
of  any  school,  academy,  seminary,  college,  university  or  other 
literary,  scientific  institution  controlled  in  whole  or  in  part 
by  any  church,  sect  or  denomination  whatever. 

Section  9.  No  religious  or  partisan  test  of  qualification 
shall  ever  be  required  of  any  person  as  a  condition  of  ad- 
mission into  any  public  educational  institution  of  the  State, 
either  as  teacher  or  student;  nor  shall  attendance  be  re- 
quired at  any  religious  service  whatever,  nor  shall  any  sec- 
tarian tenets  be  taught  in  any  public  educational  institution 
of  the  state;  nor  shall  any  person  be  debarred  admission  to 
any  of  the  collegiate  departments  of  the  university  on  account 
of  sex. 

Section  10.  The  Legislative  Assembly  shall  provide  that 
all  elections  for  school  district  officers  shall  be  separate  from 
those  elections  at  which  State  or  County  officers  are  voted 
for. 

Section  11.  The  general  control  and  supervision  of  the 
State  University  and  the  various  other  State  educational  in- 
stitutions shall  be  vested  in  a  State  Board  of  Education, 
whose  powers  and  duties  shall  be  prescribed  and  regulated 
by  law.  The  said  board  shall  consist  of  eleven  members, 
the  Governor,  State  Superintendent  of  Public  Instruction 
and  Attorney  General,  being  ex-officio,  the  other  eight  mem- 
bers thereof,  shall  be  appointed  by  the  Governor  subject  to 
the  confirmation  of  the  Senate,  under  the  regulation  and 
restrictions  to  be  provided  by  law. 

Section  12.  The  funds  of  the  State  University  and  of  all 
other  State  institutions  of  learning,  from  whatever  source 
accruing,  shall  forever  remain  inviolate  and  sacred  to  the 
purpose  for  which  they  were  dedicated.  The  various  funds 
shall  be  respectively  invested  under  such  regulations  as  may 
be  prescribed  by  law,  and  shall  be  guaranteed  by  the  State 
against  loss  or  diversion.  The  interest  of  said  invested  funds, 
together  with  the  rents  from  leased  lands  or  properties,  shall 
be  devoted  to  the  maintenance  and  perpetuation  of  these 
respective  institutions. 


GENERAL    SCHOOL    LAW  11 

ARTICLE  XIII. 

Public  Indebtedness. 

Section  6.  No  city,  town,  township  or  school  district  shall 
be  allowed  to  become  indebted  in  any  manner  or  for  any  pur- 
pose to  an  amount,  including  existing  indebtedness,  in  the 
aggregate  exceeding  three  per  centum  of  the  value  of  the 
taxable  property  therein,  to  be  ascertained  by  the  last  assess- 
ment for  the  State  and  County  taxes  previous  to  the  incur- 
ring of  such  indebtedness,  and  all  bonds  or  obligations  in  ex- 
cess of  such  amount  given  by,  or  on  behalf  of,  such  city, 
town,  township  or  school  district  shall  be  void;  Provided, 
however,  that  the  Legislative  Assembly  may  extend  the  limit 
mentioned  in  this  section,  by  authorizing  municipal  corpora- 
tions to  submit  the  question  to  a  vote  of  the  taxpayers  af- 
fected thereby,  when  such  increase  is  necessary  to  construct 
a  sewerage  system  or  to  procure  a  supply  of  water  for  such 
municipality  which  shall  own  and  control  said  water  supply 
and  devote  the  revenues  derived  therefrom  to  the  payment 
of  the  debt. 

ARTICLE   XVII. 

Public  Lands. 

Section  1.  All  lands  of  the  State  that  have  been,  or  that 
may  hereafter  be  granted  to  the  State  by  Congress,  and  all 
lands  acquired  by  gift  or  grant,  or  devise,  from  any  person 
or  corporation,  shall  be  public  lands  of  the  State,  and  shall 
be  held  in  trust  for  the  people,  to  be  disposed  of  as  here- 
after provided. for  the  respective  purposes  for  which  they 
have  been  or  may  be  granted,  donated  or  devised;  and  none 
of  such  land,  nor  any  estate  or  interest  therein,  shall  ever 
be  disposed  of  except  in  pursuance  of  general  laws  provid- 
ing for  such  disposition,  nor  unless  the  full  market  value  of 
the  estate  or  interest  disposed  of,  to  be  ascertained  in  such 
a  manner  as  may  be  provided  by  law,  be  paid  or  safely  se- 
cured to  the  State;  nor  shall  any  lands  which  the  State  holds 
by  grant  from  the  United  States  (in  any  case  in  which  the 
manner  of  disposal  and  minimum  price  are  so  prescribed)  be 
disposed  of,  except  in  the  manner  and  for  at  least  the  price 
prescribed  in  the  grant  thereof,  without  the  consent  of  the 
United  States.  Said  lands  shall  be  classified  by  the  Board 
of  Land  Commissioners,  as  follows:  First,  lands  which  are 
valuable  only  for  grazing  purposes.  Second,  those  which  are 


12  STATE     OF     MONTANA 

principally  valuable  for  the  timber  that  is  on  them.  Third, 
agricultural  lands.  Fourth,  lands  within  the  limits  of  any 
town  or  city  or  within  three  miles  of  such  limits ;  Provided, 
That  any  of  said  lands  may  be  re-classified  whenever,  by 
reason  of  increased  facilities  for  irrigation  or  otherwise,  they 
shall  be  subject  to  different  classification. 

Section  2.  The  lands  of  the  first  of  said  classes  may  be 
sold  or  leased,  under  the  rules  and  regulations  as  may  be 
prescribed  by  law.  The  lands  of  the  second  class  may  be 
sold,  or  the  timber  thereon  may  be  sold,  under  such  rules 
and  regulations  as  may  be  prescribed  by  law.  The  agricul- 
tural lands  may  be  either  sold  or  leased,  under  such  rules  and 
regulations  as  may  be  prescribed  by  law.  The  land  of  the 
fourth  class  shall  be  sold  in  alternate  lots  of  not  more  than 
five  acres  each,  and  not  more  than  one-half  of  any  one  tract 
of  such  lands  shall  be  sold  prior  to  the  year  of  one  thousand 
nine  hundred  and  ten  (1910). 

Section  3.  All  public  lands  may  be  disposed  of  in  such 
manner  as  may  be  provided  by  law. 


GENERAL    SCHOOL     LAW  13 

Chapter  76 

Session  Laws,  1913. 

'An  Act  to  provide  for  the  establishment  and  maintenance 
of  a  general  uniform  and  thorough  system  of  public  free 
schools;  providing  who  shall  be  students  therein,  and 
prescribing  the  rights,  duties,  and  obligations  of  students, 
and  rules  for  their  control  and  government;  to  provide 
for  the  organization  of,  and  to  prescribe  the  powers  and 
duties  of  the  State  Board  of  Education ;  to  provide  for 
the  election  and  selection  of  a  State  Superintendent  of 
Public  Instruction,  county  superintendents,  and  city  su- 
perintendents of  schools,  and  to  prescribe  their  powers 
and  duties;  to  provide  for  the  creation  of  school  districts, 
and  for  the  election,  terms  and  duties  of  school  officers 
therein;  to  provide  for  the  appointment  and  selection  of 
teachers  and  prescribe  their  powers  and  duties;  to  provide 
for  teachers'  examinations  and  the  granting  of  certificates 
to  teach  in  the  public  schools;  to  provide  for  county  insti- 
tutes and  summer  schools  for  teachers;  to  provide  for 
school  libraries  and  a  uniform  system  of  text  books  for 
the  public  schools  and  prescribing  the  methods  of  selecting 
the  same ;  to  provide  for  the  organization  and  maintenance 
of  county  and  district  high  schools ;  to  provide  a  system  of 
taxation  and  revenue  for  the  support  and  maintenance  of 
all  public  schools  and  prescribing  the  several  purposes  for 
which  and  the  manner  in  which  the  same  shall  be  expend- 
ed ;  to  provide  penalties  for  the  violation  of  school  laws,  and 
to  codify  all  laws  with  reference  to  public  schools  in  the 
State  of  Montana,  and  to  repeal  Sections  642,  643,  644, 
645,  646,  647,  648,  649,  650,  651,  652,  653,  654,  655,  656, 
657,  658,  659,  660,  661,  662,  663,  664,  665,  791,  792, 
793,  794,  795,  796,  797,  798,  799,  800,  801,  802,  803, 
804,  805,  806,  807,  808,  809,  810,  811,  812  813,  814, 
815,  816,  817,  818,  819,  820,  821,  822,  823,  824,  825, 
826,  827,  828,  829,  830,  831,  832,  833,  834,  835,  836, 
837,  838,  839,  840,  841,  842,  843,  844,  845,  846,  847, 
848,  849,  850,  851,  852,  853,  854,  855,  856,  857,  858, 
859,  860,  861,  862,  863,  864,  865,  866,  867,  868,  869, 
870,  871,  872,  873,  874,  875,  876,  877,  878,  879,  880, 
881,  882,  883,  884,  885,  886,  887,  888,  889,  890,  891, 
892,  893,  894,  895,  896,  897,  978,  899,  901,  902,  903, 


14  STATE  OF  MONTANA* 

904,  905,  906,  907,  908,  909,  910,  911,  912,  913,  914, 
915,  916,  917,  918,  919,  920,  921,  922,  923,  924,  925, 
926,  927,  928,  929,  930,  931,  932,  933,  934,  935,  936, 
937,  938,  939,  940,  941,  942,  943,  944,  945,  946,  947, 
948,  949,  950.  951,  952,  953,  954,  955,  956,  957,  958, 
959,  960,  961,  962,  963,  964,  965,  966,  967,  968,  969, 
970,  971,  972,  973,  974,  975,  976,  977,  978,  979,  980, 
981,  982,  983,  984,  985,  986,  987,  988,  989,  990,  991, 
992,  993,  994,  995,  996,  997,  998,  999,  1000,  1001,  1002, 
1003,  1004,  1005,  1006,  1007,  1008,  1009,  1010,  1011, 
1012,  1013,  1014,  1015,  1016,  1017,  1018,  1019,  1020, 
1021,  1022,  1023,  1024,  1025,  1026,  1027,  1028,  1029, 
1030,  1031,  1032,  1033,  1034,  1035,  1036,  1037,  1038, 
1039,  1040,  1041,  1042,  1043,  and  1044,  of  the  Revised 
Codes  of  the  State  of  Montana,  and  Chapters  11,  22,  27, 
28,  31,  32,  35,  73,  98,  of  the  Laws  of  1909 ;  and  Chapters 
16,  24,  40,  41,  42,  71,  82,  102  and  131  of  the  Laws  of 
1911. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 

Montana: 

CHAPTER   I. 
State  Board  of  Education. 

100.  Membership. — The   State  Board   of   Education   shall 
consist  of  eleven  members,  of  which  number  the  Governor, 
State    Superintendent    of   Public    Instruction    and    Attorney 
General  shall  be  ex-officio  members. 

101.  Appointment    and    Term. — The    Governor    shall    ap- 
point, by  and  with  the  advice  and  consent  of  the  Senate,  the 
remaining  eight  members  of  the  board;  The  term  of  office 
for  members  so  appointed  upon  the  Board  shall  be  four  (4) 
years  and  until  their  successors  are  appointed  and  qualified. 

102.  Oaths. — The  persons   so   appointed   as   members   of 
the  State  Board  of  Education  shall  before  entering  upon  the 
duties  of  their  office,  take  and  subscribe  the  constitutional 
oath  of  office  prescribed  for  civil  officers,  which   shall  be 
filed  in  the  office  of  the  Secretary  of  State. 

103.  Officers. — The  Governor   shall  be  the  president  of 
said   Board,   and   the   Superintendent   of   Public   Instruction 
shall  be  the  secretary  thereof.    The  State  Treasurer  shall  be 
the  treasurer  of  the  Board. 

104.  Quorum. — A  majority  of  said  Board  shall  constitute 
a  quorum  for  the  transaction  of  business. 


GENERAL    SCHOOL    LAW  15 

105.  Meetings. — The  Board  shall  hold  semi-annual  meet- 
ings at  the  State  Capitol  on  the  first  Monday  in  June  and 
December  in  each  year,  and  may  hold  special  meetings  at 
any  time  and  place  they  may  direct.     The  president   and 
secretary  of  the  Board  may  also  call  special  meetings  of  said 
Board  at  any  time  and  place,  if  in  their  judgment  necessity 
requires  it.     The  members   of  said  board   shall  receive  no 
compensation  for  their  services,  but  shall  be  allowed  their 
actual  traveling  expenses  incurred  in  attending  the  meetings 
of  the  Board,  which  expense  and  all  other  expenses,  on  the 
certificate  of  the  secretary  of  the  Board,  shall  be  audited 
and  approved  by  the  State  Board  of  Examiners,  and  paid 
by  warrant  of  the  State  Auditor  on  the  State  Treasurer. 

106.  Powers  and  Duties. 

1.  To  have  general  control  and  supervision  of  the  Uni- 
versity of  Montana,   Montana   State  Normal   College,   Agri- 
cultural College  of  Montana,  State  Orphans'  Home,  Montana 
School  of  Mines,  Montana  School  for  the  Deaf  and  Blind, 
and  State  Reform  School. 

2.  To  adopt  rules  and  regulations,  not  inconsistent  with 
the  Constitution  and  the  laws  of  this  State,  for  its  own  gov- 
ernment and  proper  and  necessary  for  the  execution  of  the 
powers  and  duties  conferred  upon  it  by  law. 

3.  To  provide,  subject  to  the  laws  of  the  State,  rules  and 
regulations  for  the  government  of  the  affairs  of  the  State 
educational  institutions  named  in  this  Section. 

4.  To  prescribe  standards  of  promotion  to  the  high  school 
department  of  all  public  schools  of  the  State  and  to  accredit 
such  high  schools  as  maintain  the  standards  of  work  pre- 
scribed  by   the   board;   provided,    that   in    all    examinations 
which  shall  be  given  by  this  Board  and  shall  be  conducted 
by  the  County  Board  of  Educational  Examiners,  to  determine 
the  scholarship  of  candidates  for  promotion  to  high  school, 
fifty  per  cent  of  the  credits  required  shall  be  based  upon 
the  eighth  grade  work  completed  in  any  school  of  this  State 
and  certified  to  the  county  superintendent  by  the  principal 
or  teacher  of  such  grade. 

5.  To  grant  diplomas  to  the  graduates  of  all  state  educa- 
tional  institutions,   where   diplomas   are   authorized   or   now 
granted,  upon  the  recommendation  of  the  faculties  thereof, 
and  may  confer  honorary  degrees  upon  persons,  other  than 


16  STATE     OF     MONTANA 

graduates,  upon  the  recommendation  of  the  faculty  of  such 
institutions. 

6.  To  adopt  and  use,  in  the  authentication  of  its  acts,  an 
official  seal. 

7.  To  grant  state  diplomas   valid  for  six  years,   and  to 
grant  life  diplomas. 

8.  To  keep  a  record  of  its  proceedings. 

9.  To  make  an  annual  report  on  or  before  the  first  day 
of  January  in  each  year,  which  may  be  printed  under  the 
direction  of  the  State  Board  of  Examiners. 

10.  To  appoint  and  commission  experienced  teachers  as 
instructors  in  county  institutes. 

11.  To  have,  when  not  otherwise  provided  by  law,  con- 
trol of  all  books,  records,  buildings,  grounds  and  other  prop- 
erty of  the  institutions  and  colleges  named  in  this  Section. 

12.  To  receive  from  the  State  Board  of  Land  Commis- 
sioners or  other  boards,  or  persons,  or  from  the  government 
of  the  United  States,  any  and  all  funds,  incomes  and  other 
property  to  which  any  of  said  institutions  may  be  entitled  and 
to  use  and  appropriate  the  same  for  the  specific  purpose  of 
the  grant  or  donation,  and  none  other;  and  to  have  general 
control  of  all  receipts  and  disbursements  of  any  of  said  in- 
stitutions. 

13.  To  choose  and  appoint  a  president  and  faculty  for 
each  of  the  various  state  institutions  named  herein  and  to 
fix  their  compensation. 

14.  To  confer  upon  the  executive  board  of  each  of  said 
institutions  such  authority  relative  to  the  immediate  control 
and  management,  other  than  financial,  and  the  selection  of 
the  faculty,  teachers  and  employees  as  may  be  deemed  ex- 
pedient, and  may  confer  upon  the  president  and  faculty  such 
authority   relative   to   the   immediate   control,    and    manage- 
ment, other  than  financial,  and  the  selection  of  teachers  and 
employees  as  may  by  said  board  be  deemed  for  the  best  in- 
terest of  said  institutions. 

107.     Local  Executive  Boards. 

1.  Membership. — There  shall  be  an  executive  board,  con- 
sisting of  three  members,  for  each  of  said  institutions,  two 
of  whom  shall  be  appointed  by  the  Governor,  by  and  with 
the  advice  and  consent  of  the  State  Board  of  Education,  and 
the  president  of  such  institution  shall  be  ex-officio  member 


GENERAL    SCHOOL    LAW  17 

of  said  board.  At  least  two  of  said  members  shall  reside  in 
the  county  where  such  institution  is  located.  Said  executive 
board  shall  have  such  immediate  direction  and  control,  other 
than  financial,  of  the  affairs  of  such  institution  as  may  be 
conferred  on  such  board  by  the  State  Board  of  Education, 
subject  always,  to  the  supervision  and  control  of  said  State 
Board. 

2.  Officers. — The  president  of  the  institution  shall  be  the 
chairman  of  the  board  and  said  board  shall  elect  a  secretary 
who  may  or  may  not  be  a  member  of  said  board,  and  who 
may  also  act  as  treasurer,  and  the  treasurer  of  said  board 
shall  be  treasurer  of  the  institution,  and  such  secretary  and 
treasurer  shall  give  bond  with  good  and  sufficient  surety 
for  the  faithful  performance  of  his  duties  as  such,  and  for  the 
faithful  accounting  for  and  paying  over  to,  and  for  the  use 
of  said  institution,  all  moneys  received  by  him  as  treasurer. 
Said  bond  shall  run  to  the  State  of  Montana  and  shall  be  in 
such  sum  as  may  be  designated  by  the  State  Board  oi  Ex- 
aminers, and  when  executed  shall  be  approved  by  said  Board 
of  Examiners.     The  duties  of  the  chairman  and  secretaries 
of  each  of  said  executive  boards  shall  be  those  usually  per- 
formed by  such  officers,  or  which  may  be  designated  by  the 
State  Board  of  Education  or  the  State  Board  of  Examiners. 

3.  Terms   of. — The   ex-officio   member   of   each    of    said 
executive  boards  shall  hold  his  office  during  his  continuance 
as  president  of  such  institution,  and  the  two  members  ap- 
pointed by  the  Governor  shall  hold  office  for  the  term  of  four 
years  from  and  after  the  third  Monday  in  April  of  the  year 
appointed,  unless  sooner  removed  by  the  Governor  or  by  the 
State  Board  of  Education.     Such  members  shall  qualify  by 
making  and  filing  their  oath  of  office  with  the  State  Board 
of  Education. 

4.  Meetings  of. — The  executive  board  of  each  of  said  in- 
stitutions shall  meet  in  regular  session  at  least  once  in  each 
quarter,  and  monthly,  or  oftener,  if  the  business  of  such  in- 
stitutions require  it. 

5.  Compensation  of. — The  members  of  each  of  the  execu- 
tive boards,   except  the   chairman,   shall  receive   such   com- 
pensation for  their  services  as  shall  be  fixed  by  the  State 
Board  of  Education,  not  exceeding  the  sum  of  Five   ($5.00) 
Dollars  for  each  day  actually  spent  in  the  discharge  of  their 
official  duties,  and  not  exceeding  the  sum  of  One  Hundred 


18  STATE     OF     MONTANA 

and  Twenty-five  ($125.00)  Dollars  in  any  one  year  for  each 
member,  and  such  members  shall  also  be  reimbursed  from 
the  amount  appropriated  by  the  legislature  for  the  main- 
tenance and  support  of  such  institutions,  all  expenses  neces- 
sarily incurred  by  them  in  discharge  of  their  official  duties 
as  members  of  said  boards. 

6.  Powers  and  Duties. — Said  executive  board  shall  have 
such  immediate  direction  and  control,  other  than  financial, 
of  the  affairs  of  such  institution  as  may  be  conferred  on 
such  board  by  the  State  Board  of  Education,  subject  always 
to  the  supervision  and  control  of  said  State  Board. 

Said  executive  boards  shall  also  have  and  exercise  power 
and  authority  in  contracting  current  expenses  and  in  audit- 
ing, paying  and  reporting  bills  for  salaries,  or  other  expenses 
incurred  in  connection  with  such  institutions,  provided,  the 
board  of  examiners  may  not  limit  the  power  of  the  execu- 
tive board  in  making  expenditures  or  contracts  which  in  no 
single  instance  or  for  any  single  purpose  does  not  exceed 
Two  Hundred  and  Fifty  ($250.00)  Dollars. 

7.  Reports  of. — Each  of  such  executive  boards  shall  on 
or  before  the  first  Monday  in  June  of  each  year  make  a  de- 
tailed statement  and  report  of  all  its  transactions  and  of  the 
condition  of  the  institution,  including  the  number  of  teach- 
ers,  professors,   and  employees,   with   the   salary   or  wages 
paid  to  each  and  a  detailed  statement  of  all  expenses  and  dis- 
bursements of  such  institution,  which  report  shall  contain 
such  other  information  or  recommendations  as  may  be  re- 
quired by  the  State  Board  of  Examiners,  or  by  the  State 
Board  of  Examiners  and  the  state  Board  of  Education,  and 
the  State  Board  of  Education  and  the  State  Board  of  Exam- 
iners shall  have  authority  to  call  for  a  report  and  statement 
from  such  executive  boards  at  any  time  such   Board  may 
deem  it  advisable.     All  such  reports  by  such  boards   shall 
be  made  in  triplicate,  one  copy  shall  be  retained  by   such 
board,  one  copy  shall  be  filed  with  the  State  Board  of  Edu- 
cation, and  one  copy  with  the  State  Board  of  Examiners. 

8.  Vacancies. — All   vacancies    occurring   in   the   member- 
ship of  any  of  said  executive  boards  shall  be  filled  by  ap- 
pointment by   the   Governor,   which   appointments   shall   be 
referred  to  the  State  Board  of  Education  at  its  first  meet- 
ing   thereafter    for    confirmation. 


GENERAL    SCHOOL    LAW  19 

108.     Certificates. 

1.  State.— How  Obtained. 

(a)  By  Examination. — State  certificates  may  be  issued 
to  such  persons  as  have  good  moral  character  and  who  have 
held  for  one  year  and  still  hold  a  professional  county  certifi- 
cate, in  full  force  and  effect,  when  such  persons  have  passed 
a  satisfactory  examination  under  the  direction  of  the  State 
Board  of  Education,  in  English  Literature,  History  of  Edu- 
cation, and  General  History,  and  have  furnished  satisfactory 
evidence  of  having  been   successfully   engaged   in   teaching 
for  at  least  thirty-five   months;   Provided,   that   such   cer- 
tificates shall  be  renewed  if  the  holder  has  taught  success- 
fully twenty-seven  months  during  the  life  of  said  certificate. 

(b)  By  Endorsement. — State  certificates  may  be  granted 
to  graduates  of  higher  educational  institutions  and  to  hold- 
ers of  state  certificates,  within  or  without  the  State,  upon 
conditions  established  by  the  State  Board  of  Education. 

(c)  By  Renewal. — State  certificates  may  be  renewed  by 
the  State  Board  of  Education  provided  the  holder  has  taught 
successfully   twenty-seven   months   during   the   life   of   said 
certificate. 

2.  Life  Diplomas — How  Obtained. 

(a)  By  Examination. — Life  diplomas  may  be  issued  upon 
the  same  conditions  as  state  certificates  except  that  in  addi- 
tion the  applicant  must  pass  satisfactory  examinations  and 
tests  under  such  supervision  and  upon  such  additional  sub- 
jects as  may  be  prescribed  by  the  State  Board  of  Education, 
and  must  furnish  satisfactory  evidence  of  having  been  suc- 
cessfully engaged  in  teaching  for  at  least  seventy  months. 

(b)  By  Endorsement. 

1.  Any  graduate  of  the  State  Normal  College  shall,  on  the 
registry  of  his  diploma  in  the  office  of  the  state  superin- 
tendent of  public  instruction,  be  entitled  to  teach  in  the 
public  schools  of  the  State  of  Montana  without  other  or  fur- 
ther examination  for  the  term  of  six  years  after  such  grad- 
uation and  every  graduate  of  the  three-year  course  shall,  on 
furnishing  to  the  State  Board  of  Education  satisfactory  evi- 
dence of  having  successfully  taught  in  the  public  schools  of 
the  State  twenty-seven  months,  be  entitled  to  have  said 
diploma  validated  as  a  life  diploma;  and  every  graduate  of 
the  four-year  course  shall  on  furnishing  to  the  State  Board 


20  STATE     OF     MONTANA 

of  Education  satisfactory  evidence  of  having  successfully 
taught  in  the  public  schools  of  the  State  eighteen  months, 
be  entitled  to  have  said  diploma  as  a  life  diploma.  Provided, 
however,  that  those  graduating  from  the  State  Normal  Col- 
lege prior  to  February  1st,  1913,  in  the  four-year  course, 
shall  be  required  to  teach  successfully  but  nine  months,  and 
those  of  the  three-year  course  but  eighteen  months,  to  re- 
ceive a  life  diploma. 

2.  Any  graduate  of  the  University  of  Montana,  shall,  on 
the  registry  of  his  diploma,   together   with  his   University 
Certificate  of  Qualification  to  Teach,   in  the  office  of  the 
State   Superintendent   of  Public   Instruction,   be   entitled   to 
teach,  in  the  high  schools  of  the  State  of  Montana  without 
other  or  further  examination,  for  the  term  of  six  years  after 
such  graduation,  and  every  such  graduate  shall,  on  furnish- 
ing the  State  Board  of  Education,  satisfactory  evidence  of 
having  successfully  taught  in  the  high  schools  twenty-seven 
months,  be  entitled  to  have  said  diploma  validated  as  a  life 
diploma. 

The  rules  of  the  faculty  of  the  University  of  Montana  for 
the  issuance  of  the  University  Certificate  of  Qualification 
to  Teach  shall  be  submitted  to  the  State  Board  of  Education 
for  its  sanction. 

3.  On   Certificates. — Life    diplomas    may   be    granted    to 
graduates  of  higher  educational  institutions  maintaining  the 
same  standards  as  the  University  of  Montana  and  the  State 
Normal  School,  and  to  holders  of  State  certificates,  within  or 
without  the  State,  upon  conditions  established  by  the  State 
Board  of  Education. 

3.  Registration. — State  and  life  certificates  and  diplomas, 
before  they  shall  be  valid  in  any  county  must  be  registered 
in  the  office  of  the  county  superintendent. 

4.  Revocation  of — Any  state  or  life  diploma  may  be  re- 
voked by  the  State  Superintendent  of  Public  Instruction  for 
incompetency  or  immoral  conduct  on  the  part  of  the  holder 
of  it,  or  for  any  cause  that  would  require  the  State  Board  of 
Education  to  refuse  to  grant  it,  if  known  at  the  time  the 
diploma  was  granted;  but,  before  any  such  revocation,  the 
holder  shall  be  served  with  a  written  statement  of  the  charges 
against  him,  and  shall  have  an  opportunity  for  defense  before 
said  State  Board  of  Education. 


GENERAL    SCHOOL     LAW  21 

109.     Treasurer   Executive   Board   Agricultural   College. — 

The  treasurer  of  the  executive  board  of  the  Agricultural 
College  of  Montana  shall  have  the  authority  to  receive  from 
the  treasurer  of  the  State  of  Montana  the  cash  appropria- 
tion received  from  the  United  States  by  authority  of  the 
Act  of  Congress  of  Congress  of  August  30,  1890,  (26 
Statutes  at  Large,  page  417),  known  as  the  second  Morrill 
Act,  and  the  act  of  Congress  of  March  4,  1907,  (Statutes  at 
Large,  page  1281),  known  as  the  Nelson  Amendment.  And 
such  cash  appropriation  shall  be  expended  by  the  executive 
board  of  said  Agricultural  College,  under  the  general  super- 
vision of  the  State  Board  of  Education,  but  only  for  the  pur- 
pose for  which  the  same  is  appropriated  by  Congress. 

The  treasurer  of  said  executive  board  of  said  Agricultural 
College  shall  also  have  the  authority  to  receive  all  moneys 
appropriated  by  the  Act  of  Congress  of  March  16,  1906,  (34 
Statutes  at  Large,  page  63),  entitled,  "An  Act  to  provide 
for  and  increase  the  annual  appropriation  for  agricultural 
experiment  stations,  and  regulating  the  expenditures  there- 
of," and  such  money  shall  be  expended  by  said  executive 
board  under  the  supervision  and  direction  and  control  of  the 
State  Board  of  Education  in  the  manner  and  for  the  purpose 
designated  in  said  Act  of  Congress,  and  as  required  by  Sec- 
tion 741  of  the  Revised  Codes  of  Montana  of  1907.  The 
Treasurer  of  the  Agricultural  College  of  Montana  shall,  on 
or  before  the  first  day  of  September  of  each  year,  make  a 
detailed  statement  of  the  amounts  received  and  disbursed 
under  the  provisions  of  the  Act  of  Congress  of  March  30, 
1890,  and  of  March  4,  1907,  and  shall  report  the  same  to  the 
secretary  of  agriculture  of  the  United  States  and  to  the 
secretary  of  the  interior  of  the  United  States,  as  required 
by  said  acts  of  Congress,  and  shall  file  a  duplicate  thereof 
with  the  State  Board  of  Examiners  of  the  State  of  Montana 
on  or  before  the  10th  day  of  September  of  each  year.  Said 
treasurer  shall  also  make  a  detailed  statement  of  the  amounts 
of  money  received  and  disbursed  under  the  act  of  Congress 
of  March  16,  1906,  which  reports  shall  be  filed  with  the  State 
Board  of  Examiners  on  or  before  the  10th  day  of  September 
of  each  year,  and  shall  also  made  such  reports  to  the  officers 
or  departments  of  the  United  States  as  are  now  or  may 
hereafter  be  required  by  the  laws  of  the  United  States; 


22  STATE     OF     MONTANA 

110.  State  Board  of  Examiners.-— The  State  Board  of  Ex- 
aminers of  the  State  of  Montana  shall  have  supervision  and 
control  of  all  expenditures  of  all  moneys,  appropriated  or  re- 
ceived for  the  use   of  said  institutions   from   any   and   all 
sources,  other  than  that  received  under  and  by  virtue  of  the 
acts  of  Congress,  hereinbefore  referred  to,   and  said  State 
Board  of  Examiners  shall  let  all  contracts,  approve  all  bonds 
for  any  and  all  buildings  or  improvements,  and  shall  audit 
all  claims  to  be  paid  from  any  moneys,  other  than  that  re- 
ceived under  and  by  virtue  of  the  acts  of  Congress  herein 
referred  to,  but  said  State  Board  of  Examiners  shall  have 
authority  to  confer  upon  the  executive  boards  of  such  insti- 
tutions such  power  and  authority  in  contracting  current  ex- 
penses and  in  auditing,  paying  and  reporting  bills  for  salaries 
or  other  expenses  incurred  in  connection  with  said  institu- 
tion as  may  be  deemed  by  said  State  Board  of  Examiners 
to  be  to  the  best  interest  of  said  institution. 

111.  Donations,    Grants,    Gifts. — All    donations,    grants, 
gifts  or  devises  made  to  any  of  the  institutions  named  herein 
shall  be  made  to  such  institution  in  its  legal  name,  and  if 
made  to  any  officer  or  boards  of  such  institution  the  same 
shall  be  immediately  transferred  by  such  board  or  officer  to 
such  institution. 

CHAPTER   II 
Superintendent  of  Public  Instruction. 

200.     Election,  Qualification,  Oath  and  Bond. 

There  shall  be  chosen  by  the  qualified  electors  of  the 
state,  at  the  time  and  place  of  voting  for  members  of  the 
legislature,  a  superintendent  of  public  instruction,  who  shall 
have  attained  the  age  of  thirty  years  at  the  time  of  his  elec- 
tion, shall  have  resided  within  the  state  two  years  next  pre- 
ceding his  election,  and  is  the  holder  of  a  state  certificate 
of  the  highest  grade,  issued  in  some  state,  and  recognized 
by  the  State  Board  of  Education,  or  is  a  graduate  of  some 
university,  college  or  normal  school  recognized  by  the  State 
Board  of  Education  as  of  equal  rank  with  the  University  of 
Montana  or  the  State  Normal  School.  He  shall  hold  his 
office  at  the  seat  of  government,  for  the  term  of  four  years 
from  the  first  Monday  in  January  following  his  election,  and 
until  his  successor  is  elected  and  qualified.  Before  entering 
upon  his  duties  he  shall  take  the  oath  of  a  civil  officer  and 


GENERAL    SCHOOL    LAW  23 

give  bond  in  the  penal  sum  of  ten  thousand  dollars,  with  not 
less  than  two  sureties,  to  be  approved  by  the  governor  and 
attorney  general. 

201.  General  Powers. 

1.     He  shall  have  the  general  supervision  of  the  public 
schools  of  the  state. 

2.  Official  Staff. — The  superintendent  of  public  instruc- 
tion shall  have  power  to  appoint  one  deputy,  who  shall  re- 
ceive an  annual  salary  of  twenty-one  hundred  dollars,  one 
rural  school  inspector  at  a  salary  of  twenty-one  hundred  dol- 
lars and  two  clerks  at  an  annual  salary  of  twelve  hundred 
dollars  each.  Such  deputy,  rural  inspector  and  clerks  shall 
perform  such  duties  pertaining  to  the  office  as  the  superin- 
tendent may  direct. 

202.  Duties. 

1.  Official,  Files  and  Records — The  superintendent  shall 
preserve  in  his  office  all  books,  maps,  charts,  works  on  edu- 
cation,  school  registers,   school  reports  and   school  laws   of 
other  states  and  cities,  plans  for  school  buildings  and  other 
articles  of  educational  interest  and  value  which  may  come 
into  his  possession  as  such  officer  and  at  the  expiration  of 
his  term  shall  deliver  them,  together  with  the  reports,  state- 
ments, records  and  archives  of  his  office  to  his  successor. 

2.  Blanks  and  Laws. — He  shall  cause  to  be  printed,  and 
furnished  to  the  proper  officers  or  persons  all  school  regis- 
ters,  reports,    statements,    notices    and    blanks    for    returns 
needed  or  required  to  be  used  in  the  schools  or  by  the  school 
officers,  in  the  state.     He  shall  furnish  through  the  county 
superintendent  to   each   trustee,   and  clerk  of  each   district 
and  to  each  superintendent,  or  principal  of  each  district  a 
copy  of  the  school  laws. 

3.  Official  Records. — He  shall  keep  a  record  of  his  offi- 
cial acts,  and  shall  file  in  his  office  all  appeals  and  papers 
pertaining  to  them. 

4.  Official  Seal. — He  shall  provide  and  keep  a  seal,  which 
shall  be  the  official  seal  of  the  state  superintendent  of  pub- 
lic instruction,  and  by  which  all  of  his  official  acts  may  be 
authenticated. 

5.  Printing  of  School  Laws. — He  shall  at  least  once  in 
-four  years  cause  to  be  printed  the  school  laws  of  the  state, 
with  such  notes  and  decisions  thereon  as  may  seem  to  him 


I 


24  STATE     OF     MONTANA 

advisable,  and  shall  furnish  them  as  they  are  needed  to  the 
school  officers  in  the  state. 

6.  Report. — He  shall  on  or  before  the  first  day  of  De- 
cember preceding  the  biennial  session  of  the  legislature  as- 
sembly, make  and  transmit  to  the  governor  a  report  showing : 

(a)  The  number  of  school  districts,  schools,  teachers  em- 
ployed  and   pupils    taught    therein,    and    the    attendance    of 
pupils  and  studies  pursued  by  them. 

(b)  The  financial  condition  of  the  schools,  their  receipts 
and  expenditures,  value  of  school  houses  and  property,  cost 
of  tuition  and  studies  pursued  by  them. 

(c)  The  condition,  educational  and  financial,  of  the  Nor- 
mal and  higher  institutions  connected  with  the  school  system 
of  the  state,  and,  as  far  as  it  can  be  ascertained,  of  the  pri- 
vate schools,  academies  and  colleges  of  the  state. 

(d)  Such  general  matters,  information  and  recommenda- 
tions relating  to  the  educational  interest  of  the  state  as  he 
may  deem  important. 

7.  Publication  of  Report. — Fifteen  hundred  copies  of  the 
report  of  the  superintendent  of  public  instruction  shall  be 
printed  biennially,  in  the  month  of  December  preceding  the 
session  of  the  legislative  assembly.    Two  copies  shall  be  fur- 
nished to  each  of  the  members  of  the  legislative  assembly, 
one  copy  to  each  county  superintendent  of  the   state,   one 
copy  to  the  clerk  of  each  school  board,  two  to  each  state  of- 
ficer, one  to  each  state  and  territorial  superintendent;  fifty 
copies  shall  be  filed  in  the  office  of  the  superintendent  of 
public  instruction  and  ten  in  the  state  historical  library.    The 
balance  shall  be  distributed  among  the  various  colleges,  uni- 
versities and  other  libraries  of  the  United  States. 

8.  Course  of  Study. — He  shall  prepare  or  cause  to  be  pre- 
pared with  the  co-operation  and  approval  of  such  educators 
as  may  be  named  by  the  State  Board  of  Education  a  course 
of  study  for  all  the  public  elementary  and  high  schools  of  the 
state,  and  shall  prescribe  to  what  extent  the  same  is  to  be 
used. 

9.  Institute  and  Summer  Schools.     Rules. — He  shall  pre- 
scribe with  the  approval  of  the  State  Board  of  Education 
rules  and  regulations  for  the  holding  of  teachers'  institutes, 
and  summer  schools   for  teachers;   shall   prepare   with   the 
approval  of  the  State  Board  of  Education  lists  of  instructors 
for  institutes  and  summer  schools  for  which  county  superin- 


GENERAL    SCHOOL    LAW  25 

tendents  shall  make  their  appointments.  He  shall  attend  and 
assist  at  teachers'  institutes  and  summer  schools  for  teach- 
ers and  aid,  and  encourage  generally  teachers  in  qualifying 
themselves  for  the  successful  discharge  of  their  duties. 

10.  County  Superintendents. — He  shall  counsel  with  and 
advise    county    superintendents    upon    all    matters    involving 
the  welfare  of  the  schools;  he  shall,  when  requested,  give 
them  written  answers  to  all  questions  concerning  the  school 
law.     He  shall  decide  all  appeals  from  the  decision  of  the 
county  school  superintendent,  and  may  for  such  decision  re- 
quire affidavits,  verified  statements  or  sworn  testimony  as 
to  the  facts  in  issue.    He  shall  prescribe  and  cause  to  be  en- 
forced, rules  of  practice  and  regulations  pertaining  to  the 
hearing  and  determining  of  appeals,  and  necessary  for  carry- 
ing into  effect  the  school  laws  of  the  state. 

11.  Examinations. — He    shall   with    the   approval    of   the 
State  Board  of  Education,  prepare  all  questions  to  be  used 
in  the  examination  of  applicants  for  teachers'  county  certifi- 
cates, and  prescribe  the  rules  and  regulations  for  conducting 
all  such  examinations. 

12.  Apportionment  of  School  Funds. — He   shall  between 
the  first  and  tenth  day  of  February  of  each  year,  apportion 
the  state-  school  fund  among  the  several  counties  of  the  state, 
in  proportion  to  the  number  of  children  of  school  age  in  each 
as  shown  by  the  last  enumeration  authorized  by   law.     It 
shall  be  the  duty  of  the  state  board  of  land  commissioners 
to  notify  the  state  auditor  on  or  before  the  tenth  day  of 
January  of  each  year  the  amount  of  the  state  school  fund 
subject  to  apportionment;  and  the  said  auditor  immediately 
upon  receipt  of  such  notification  shall  issue  his  warrant  on 
the  state  treasurer  for  the  said  amount.    Thereupon  the  state 
treasurer   shall    certify    said   apportionment    to    the    several 
county  treasurers  not  later  than  the  first  Monday  in  March; 
Provided,  that  the  several  county  treasurers  have  fully  com- 
plied with  Section  183  of  "An  Act  concerning  revenue,"  ap- 
proved March  6,  1891,  in  which  case  the  county  treasurers, 
upon  receiving  notice  from  the  state  treasurer  of  the  amounts 
due  their  counties  from  the  state  school  fund,  may  deduct 
said  amount  from  the  amount  found  due  the  state  by  their 
counties  and  remit  the  balance  to  the  state  treasurer.     The 
superintendent    of    public    instruction    shall    certify    to    the 


26  STATE     OF     MONTANA 

county  superintendent  of  schools  of  each  county,  the  amount 
apportioned  to  that  county. 

13.  Libraries. — He   shall  prepare   and   furnish   to   school 
officers,  through  the  county  superintendents,  lists  of  pub- 
lications approved  by  him  as   suitable  for  school  libraries, 
such  lists  shall  contain  also  the  lowest  price  at  which  such 
publications  can  be  purchased  and  the  terms.    He  shall  also 
prescribe  rules  and  instructions  for  the  proper  care  and  use 
of  school  libraries  and  such  other  information  relative  thereto 
as  he  shall  think  needful. 

14.  Temporary    State    Certificates. — The    state    superin- 
tendent may   grant  a  temporary   state   certificate,   at   any 
time,   to  any   teacher  whose   experience,   qualifications   and 
credentials,  in  his  opinion,  entitle  such  a  teacher  to  either  a 
state  or  life  diploma  in  Montana.    Such  temporary  state  cer- 
tificate, however,  shall  be  good  and  valid  in  any  county  in 
the  state  for  a  period  of  one  year;  Provided,  however,  that 
the  holder  of  such  certificate  shall  have  it  duly  registered  in 
the  office  of  the  county  superintendent  of  schools   of  the 
county  in  which  he  is  employed  to  teach  before  he  begins 
teaching,  and  provided,  also,  that  such  teacher  shall  pay  for 
such  registration,  the  sum  of  one  ($1.00)  dollar  into  the  in- 
stitute fund  of  such  county. 

15.  Other  Duties. — He  shall  also,  as  far  as  he  shall  find 
it  practicable,  address  public  assemblies  on  subjects  pertain- 
ing to  public  schools,  and  shall  labor  faithfully  in  all  prac- 
ticable ways  for  the  welfare  of  the  public  schools  of  the  state 
and  shall  perform  such  other  duties  as  shall  be  required  of 
him  by  law. 

203.  Salary. 

The  annual  salary  of  the  superintendent  of  public  instruc- 
tion for  all  services  now  required  of  him  or  which  may  here- 
after devolve  upon  him  by  law,  is  three  thousand  dollars. 
He  shall  also  be  paid  his  traveling  expenses  actually  and 
necessarily  incurred  in  the  discharge  of  his  duties,  not  to  ex- 
ceed two  thousand  dollars  in  any  one  year. 

204.  Expenses. 

All  necessary  expenditures  of  money  incurred  by  the  su- 
perintendent of  public  instruction  for  postage,  stationery, 
printing  and  expressage  not  exceeding  five  hundred  dollars 
in  any  one  year  shall  be  paid  by  the  state. 


GENERAL    SCHOOL     LAW  27 

CHAPTER    III. 
County  Superintendent  of  Schools. 

300.  General  Provisions. 

1.  Qualifications. — All  persons   otherwise   qualified   shall 
be  eligible  to  the  office  of  county  superintendent  of  common 
schools  without  regard  to  sex. 

2.  Election  of  County  Superintendent. — A  county  superin- 
tendent of  schools  shall  be  elected  in  each  organized  county 
in  this  state  at  the  general  election  preceding  the  expiration 
of  the  term  of  office  of  the  present  incumbent,  and  every 
two  years  thereafter. 

3.  Term. — He  shall  take  office  on  the  first  Monday  in 
January  next  succeeding  his  election,  and  hold  for  two  years 
and  until  his  successor  is  elected  and  qualified. 

4.  Oath.     Bond. — The   person   so   elected   shall   take   the 
oath  or  affirmation  of  office,  and  shall  give  an  official  bond 
to  the  county  in  a  sum  to  be  fixed  by  the  board  of  county 
commissioners  of  said  county. 

5.  Vacancy. — The  county  commissioners   of  any   county, 
shall  by  appointment,  fill  any  vacancy  that  may  occur  in  the 
office  of  county  superintendent  until  the  next  general  elec- 
tion. 

301.  General  Powers. 

The  county  superintendent  shall  have  the  general  super- 
vision of  the  public  schools  in  his  county. 

302.  Duties. 

1.  As  to  State  Superintendent. — He  shall  carry  into  ef- 
fect all  instruction  of  the  state  superintendent  given  within 
his  authority.    He  shall  distribute  to  the  proper  officers  and 
to  teachers  all  blanks  furnished  by  the  state  superintendent 
and  needed  by  such  officers  and  teachers. 

2.  Visiting  Schools. — He  shall  visit  every  public   school 
under  his  supervision  at  least  once  each  official  year,  and 
oftener  if  he  shall  deem  it  necessary  to  increase  its  useful- 
ness.   He  shall  at  such  visits  carefully  observe  the  conditions 
of    the    school,    the    mental    and    moral    instruction    given, 
methods  employed  by  the  teacher  in  teaching,  training  and 
drill,  the  teacher's  ability,  and  progress  of  the  pupils.     He< 
shall  advise  and  direct  the  teacher  in  regard  to  the  instruc- 
tion, classification,  government  and  discipline  of  the  school 
and  the  course  of  study.     He  shall  keep  a  record  of  such 


28  STATE     OF     MONTANA 

visits  and  by  memoranda  indicate  his  judgment  of  the  teach- 
er's ability  to  teach  and  govern  and  the  condition  and  progress 
of  the  school,  which  shall  be  open  to  inspection  to  any  school 
trustee.  During  his  visits  to  the  schools  of  his  county  the 
county  superintendent  shall  consult  with  the  trustees  and 
clerks  of  all  school  districts  upon  all  matters  relating  to  the 
good  and  welfare  of  their  schools  and  shall  instruct  them, 
whenever  necessary,,  in  their  duties  relating  to  the  reports 
to  be  made  out  by  them  and  forwarded  to  him  annually  as 
the  law  requires. 

3.  Trustees'   Meetings. — He   shall   from  time   to  time   in 
convenient  places  hold  trustees'  meetings  at  which  matters 
relating  to  the  good  of  the  schools  shall  be  discussed. 

4.  Issue  Temporary  Certificates. — He  shall  have  power  to 
issue,  if  he  deem  it  proper  to  do  so,  temporary  certificates, 
valid  until  the  next  regular  examination,  to  persons  holding 
certificates  of  like  grade  granted  in  other  counties,  or  upon 
any  certificate  or  diplomas  possessed  by  the  applicant  show- 
ing his  fitness  for  the  profession  of  teaching;  Provided,  that 
no  person  shall  be  entitled  to  receive  such  temporary  cer- 
tificate more  than  once  in  the  same  county. 

5.  County   Board    of   Educational    Examiners. — He    shall 
serve  on  the  County  Board  of  Educational  Examiners. 

6.  Preside  at  Institutes. — He  shall  preside  over  all  teach- 
ers' institutes  held  in  his  county   .and   shall   elect   suitable 
persons  to  instruct  therein  from  the  list  of  teachers  com- 
missioned by  the  State  Board  of  Education,  and  recommended 
by  the  State  Superintendent. 

7.  School  Libraries. — He  shall  exercise  supervision  over 
the  school  libraries  of  the  county  and  aid  in  the  selection  of 
books  for  the  same. 

8.  Truant  Officer. — He  shall  act  as  truant  officer  in  dis- 
tricts of  the  third  class  when  no  other  provision  is  made. 

9.  Apportionment  School  Moneys.    Warrants. — The  coun- 
ty superintendent  shall  apportion  all  school  moneys  to  the 
school  districts   in  accordance   with   the   provisions   of   this 
title  quarterly,  and  he  may  make  apportionments   at  such 
other  times  as  may  be  required  or  deemed  necessary  for  the 
convenience  of  school  officers.     He  shall  certify  to  the  sev- 
eral district  clerks  and  county  treasurers  the  amount  so  ap- 
portioned to  the  several  districts,  and  the  trustees  shall  draw 
their  warrants  on  the  county  treasurer  in  favor  of  persons 


GENERAL    SCHOOL    LAW  29 

entitled  to  receive  the  same.  Such  warrant  shall  show  for 
what  purpose  the  money  is  required,  and  no  such  warrant 
shall  be  drawn  unless  there  is  money  in  the  treasury  to  the 
credit  of  such  district;  Provided,  that  school  trustees  shall 
have  the  authority  to  issue  warrants  in  anticipation  of  school 
moneys  which  have  been  levied  but  not  collected,  for  the  pay- 
ment of  current  expenses  of  schools,  but  such  warrants  shall 
not  be  drawn  in  any  amount  in  excess  of  the  sum  already 
levied. 

10.  Notify  County  Treasurer. — He  shall  notify  the  county 
treasurer  to  withhold  payment  of  warrants  issued  to  teach- 
ers not  holding  valid  certificates. 

11.  Controversies. 

(a)  He   shall   decide   all   matters   in   controversy    arising 
in  his  county  in  the  administration  of  the  school  law  or  ap- 
pealed to  him  from  the  decision  of  school  officers  or  boards. 
An  appeal  may  be  taken  from  his  decision,  in  which  case 
a  full  written  statement  of  the  facts,  together  with  the  testi- 
mony and  his  decision  in  the  case,  shall  be  certified  to  the 
state  superintendent  for  his  decision  in  the  matter,  which 
decision  shall  be  final,  subject  to  adjudication  or  the  proper 
legal  remedies  in  the  state  courts. 

(b)  The  county  superintendent  shall  have  power  to  ad- 
minister the  oath  of  office  to  all  subordinate  school  officers, 
and  in  case  of  appeal  to  him  from  the  decision  of  school  of- 
ficers or  board,  or  revocation  of  the  certificate  of  a  teacher 
or  in  any  other  controversy  or  question  brought  to  or  coming 
before  him  in  the  administration  of  school  laws  for  opinion, 
order  or  decision,   he   shall   have   the  power   to   administer 
oaths  to  witnesses;  but  he  shall  not  receive  pay  for  adminis- 
tering such  oaths. 

12.  Boundaries  of  School  Districts. — The  county  superin- 
tendent shall  inquire  and  ascertain  whether  the  boundaries 
of  school  districts  in  his  county  are  definitely  and  plainly  de- 
scribed in  the  records  of  the  board  of  county  commissioners, 
and  keep  in  his  office  a  full  and  correct  transcript  of  such 
boundaries.    In  case  the  boundaries  of  districts  are  conflict- 
ing, or  are  incorrectly  described,  he  shall  change,  harmonize 
and  describe  them,  and  make  a  report  of  such  action  to  the 
commissioners;  and  on  being  ratified  by  the  commissioners, 
the  boundaries  and  descriptions  so  made  shall  be  the  legal 
boundaries  and  descriptions  of  the  districts  of  that  county. 


30  STATE     OF     MONTANA 

The  county  superintendent  shall  furnish  the  several  district 
clerks  with  descriptions  of  the  boundaries  of  their  respective 
districts. 

13.  Creation  of  New  Districts. — He  shall  hear  and  pass 
upon  all  petitions  for  the  creation  of  new  school  districts. 

14.  Attach  Contiguous  Territory. — He  shall  attach  to  con- 
tiguous districts  territory  not  a  part  of  any  district. 

15.  Census  to  be  Transmitted  to  Bureau  of  Labor  and 
Industry. — It  shall  be  the  duty  of  the  county  superintendent 
of  schools  to  prepare  and  transmit  within  thirty  days  after 
he  receives  the  school  census  from  the  district  clerk,  a  copy 
of  the  census  showing  the  name,  sex,  age  and  date  of  birth 
of  each  child  under  twenty-one  years  of  age  residing  in  the 
county,  together  with  the  names  of  the  parents  or  guardians 
of  such  children  to  the  commissioner  of  the  bureau  of  labor 
and  industry.     No  county  superintendent  shall  be  paid  his 
salary  for  the  last  month  in  his  official  year  until  he  pre- 
sents to  the  county  commissioners  the  receipt  of  the  com- 
missioner of  the  bureau  of  labor  and  industry  for  such  an- 
nual census  report. 

16.  Records. — He  shall  keep  a  record  of  his  official  acts. 
He  shall  preserve  all  books,  maps,  charts  and  apparatus  sent 
him  as  a  school  officer,  or  belonging  to  his  office.     He  shall 
file   all   reports   and   statements   from   teachers    and    school 
boards  and  shall  turn  them  over  to  his  successor  in  office. 

17.  Annual   Reports. — He   shall,    on   or   before   the   first 
day  of  November  of  each  year,  make  and  transmit  an  annual 
report  to  the  superintendent  of  public  instruction,  containing 
such  statistics,  items  and  statements  relative  to  the  schools 
of  the  county,  as  may  be  required  and  prescribed  by  the 
state  superintendent.    Such  reports  shall  be  made  upon  and 
conform  to  the  blanks  furnished  by  the  state  superintendent 
of  public  instruction  for  that  purpose.    He  shall  not  be  paid 
his  salary  for  the  last  month  in  his  official  year  until  he  pre- 
sents to  the  county  commissioners  the  receipt  of  the  super- 
intendent of  public  instruction  for  such  annual  report. 

18.  Office  Days. — He  shall  keep  his  office  open  five  days 
in  every  month  and  give  due  notice  of  the  same. 

19.  Clerk. — The  county  superintendent  of  counties   hav- 
ing fifty  or  more  rural  teachers,  is  authorized  to  appoint  one 
clerk,  and  the  county  superintendent  of  counties  having  fewer 
than  fifty  rural  teachers  may,  with  the  permission  of  the 


GENERAL    SCHOOL    LAW  31 

county  commissioners,  appoint  a  clerk,  at  a  salary  to  be  fixed 
by  the  board  of  county  commissioners. 

303.  Expenses. 

The  county  commissioners  shall  furnish  the  county  super- 
intendent with  a  suitable  office.  They  shall  also  furnish  him 
with  all  necessary  stationery  and  postage,  and  they  may  in 
their  discretion  upon  his  request  also  furnish  him,  for  the 
use  of  the  public  schools  in  his  county,  useful  charts,  maps, 
and  models;  Provided,  that  not  more  than  $200  a  year  may 
be  expended  for  stationery,  postage,  maps,  charts  and  models. 

304.  County  Superintendent's  Traveling  Expenses.     (Sec. 
3195  Revised  Codes  of  1907.) 

In  addition  to  the  salary  now  provided  by  law  each  county 
superintendent  of  schools  shall  be  paid  his  necessary  travel- 
ing expenses  incurred  in  the  discharge  of  his  duties,  not  to 
exceed  Three  Hundred  Dollars  ($300.00)  in  any  one  year. 

CHAPTER  IV. 
School  Districts. 

400.  School  District  Defined.— The  term  "school  district," 
as  used  in  this  title,  is  declared  to  mean  the  territory  under 
the  jurisdiction  of  a  single  board,  designated  as  "board  of 
trustees,"  and  shall  be  organized  in  the  form  and  manner  as 

hereinbefore  provided  and  shall  be  known  as  District  No 

of County;  Provided,  that  all  school  districts 

now  existing,  as  shown  by  the  records  of  the  county  superin- 
tendents, are  hereby  recognized  as  legally  organized  districts. 

401.  Classes.      Number  of  Trustees. — All  districts  having 
a  population  of  eight  thousand  or  more,  are,  and  hereafter 
shall  be,  districts  of  the  first  class.     All  districts  having  a 
population  of  one  thousand,   or  more,  and  less   than   eight 
thousand,  are,  and  hereafter  shall  be,  districts  of  the  second 
class,  and  all  districts  having  a  population  of  less  than  one 
thousand  are,  and  hereafter  shall  be,  districts  of  the  third 
class.    In  districts  of  the  first  class  the  number  of  trustees 
shall  be  seven;  in  districts  of  the  second  class  the  number  of 
trustees  shall  be  five,  and  in  districts  of  the  third  class  the 
number  of  trustees  shall  be  three. 

402.  Powers  as   Body   Corporate. — Every   school   district 
constituted  and  formed  as  provided  in  this  title  shall  be,  and 
is  hereby,  declared  to  be  a  body  corporate  and  under  its  own 
proper  name  or  number  as   such  corporate  body  may  sue 


32  STATE     OF     MONTANA 

and  be  sued,  contract  and  be  contracted  with  and  may  ac- 
quire, purchase  and  hold  and  use  personal  or  real  property 
for  school  purposes  mentioned  in  this  title,  and  sell  and  dis- 
pose of  the  same. 

403.  When  School  District  May  Be  Created.— No  school 
district  shall  be  created  between  the  first  day  of  March  and 
the  first  day  of  September  following  each  year. 

404.  Organization  of  New  Districts. 

1.  Steps. — For  the  purpose  of  organizing  a  new  district, 
a  petition  in  writing  shall  be  made  to  the  county  superin- 
tendent, signed  by  the  parents  or  guardians  of  at  least  ten 
census  children,  between  the  ages  of  six  and  twenty-one 
years,  residing  within  the  boundaries  of  the  proposed  new 
districts  and  residing  at  a  greater  distance  than  two  miles 
from  any  school  house,  which  petition  shall  describe  the 
boundaries  of  the  proposed  new  district  and  give  the  names 
of  all  children  of  school  age  residing  within  the  boundaries 
of  the  proposed  new  district,  at  the  date  of  presenting  said 
petition.  The  county  superintendent  shall  give  notice  to 
parties  interested  by  posting,  or  causing  to  be  posted,  no- 
tices at  .least  ten  days  prior  to  the  time  appointed  by  him  for 
considering  said  petition,  in  at  least  three  of  the  most  public 
places  in  the  proposed  new  district,  and  one  on  the  school 
house  door  of  each  district  affected  by  the  proposed  change, 
or  if  there  be  no  school  house,  then  in  one  of  the  most  public 
places  in  said  old  district,  and  shall  on  the  day  fixed  in  the 
notice  proceed  to  hear  said  petition,  at  the  place  designated 
in  such  notice,  which  must  be  either  at  the  court  house  of 
the  county  or  else  at  a  school  house  in  one  of  the  school  dis- 
tricts affected,  unless  a  protest  in  writing  signed  by  at  least 
a  majority  of  the  tax  paying  freeholders  residing  within  such 
proposed  school  district  shall  be  filed  with  the  county  super- 
intendent of  schools  before  or  at  the  time  fixed  in  the  notice 
of  the  hearing  of  said  petition,  and  in  that  event  such  new 
and  proposed  school  district  shall  not  be  created.  If  no  such 
protest  be  filed  then  the  county  superintendent,  if  he  deem 
it  advisable,  shall  make  an  order  establishing  said  district  and 
describing  the  boundaries  thereof,  and  from  an  order  made 
by  the  county  superintendent  of  schools  an  appeal  may  be 
taken  by  three  resident  taxpayers  of  said  new  district,  or 
by  three  resident  taxpayers  of  the  remaining  portion  of  the 


GENERAL    SCHOOL    LAW  33 

old  district,  to  the  board  of  county  commissioners  within 
thirty  days,  and  a  hearing  had  thereon,  and  decision  ren- 
dered by  said  board,  which  shall  be  final:  Provided,  that 
should  the  county  superintendent  refuse  to  make  an  order 
establishing  said  new  district,  an  appeal  may  be  taken  by 
three  resident  taxpayers  of  said  new  district,  to  the  board 
of  county  commissioners,  a  hearing  had  and  a  decision  ren- 
dered by  said  board  which  shall  be  final:  Provided,  that  no 
new  school  district  shall  be  established  which  does  not  con- 
tain property  of  an  assessed  valuation  of  at  least  Ten  Thou- 
sand Dollars  ($10,000.00.)  as  shown  by  the  last  official  assess- 
ment roll  of  the  county  in  which  said  proposed  school  district 
is  located;  Provided,  further  that  there  shall  be  at  least 
ten  census  children  left  in  the  remaining  portion  of  the 
original  district  and  a  property  valuation,  as  shown  by  the 
last  official  assessment  roll  of  the  county,  of  Fifteen  Thou- 
sand Dollars  ($15,000.00)  at  least.  The  appeals  in  this  sec- 
tion mentioned  shall  be  in  writing,  subscribed  by  the  parties 
taking  the  appeal  and  shall  recite  sufficient  facts  to  show 
their  rights  to  appeal  hereunder,  that  it  is  an  appeal  from  the 
decision  rendered,  and  such  appeal  shall  be  filed  with  the 
county  superintendent  within  the  time  allowed  for  appeal. 

2.  Selection  of  Trustees. — When  a  new  district  is  organ- 
ized, such  trustees  of  the  old  district  as  reside  within  the 
limits  of  the  new  one  shall  be  trustees  in  the  new  district, 
and  the  county  superintendent  must  appoint  the  remaining 
trustees  for  the  new  and  the  old  district,  who  shall  hold  of- 
fice until  the  next  annual  election. 

3.  Apportionment  of  Moneys  to  New  District. — No  new 
district,  formed  by  the  subdivision  of  an  old  one,  shall  be  en- 
titled to  any  share  of  public  money  belonging  to  the  old  dis- 
trict until  the  school  has  actually  been  taught  one  month  in 
the  new  district,  and  unless  within  eight  months  from  the 
order  of  the  county  superintendent  granting  such  new  dis- 
trict, a  school  is  opened,  the  action  making  a  new  district 
shall  be  void  and  all  elections  or  appointments  of  trustees  or 
clerks  made  in  consequence  of  such  action,  and  all  rights 
and  office  of  parties  so  elected  or  appointed  shall  cease  and 
determine. 

4.  Division  of  District  Funds  and  Property. — When  a  new 
district  is  formed  from  one  or  more  old  ones,   the   school 
funds  remaining  to  the  credit  of  the  old  district,  after  pro- 


34  STATE     OF     MONTANA 

viding  for  all  outstanding  debts,  except  debts  incurred  for 
building  and  furnishing  school  houses,  shall  be  divided  as 
follows:  The  basis  for  the  division  of  the  school  fund  shall 
be  the  school  population,  as  shown  by  the  last  school  census 
before  the  division  of  the  district  or  districts  occurred,  and 
shall  apply  to  such  funds  as  remain  to  the  credit  of  said  old 
district  or  districts  at  the  time  of  the  organization  of  said 
new  district,  and-  said  district  shall  receive  funds  in  propor- 
tion to  its  per  cent  of  the  said  census.  In  case  of  division, 
each  district  shall  own  and  hold  all  permanent  property  such 
as  sites,  school  houses  and  furniture  situated  within  its 
boundaries.  All  division  of  funds  under  this  provision  shall 
be  made  by  the  county  superintendent,  and  when  there  are 
unpaid  special  taxes  on  the  county  tax  book  belonging  to  a 
district  at  the  date  of  its  division,  the  county  treasurer,  upon 
being  notified  of  such  division  by  the  county  superintendent, 
shall  retain  all  moneys  received  in  payment  of  such  special 
tax  until  the  same  shall  be  apportioned  by  the  county  super- 
intendent, whose  duty  shall  be  to  apportion  said  money  quar- 
terly between  the  fractions  of  the  divided  district  according 
to  the  location  of  the  property  on  which  said  tax  was  levied. 
At  the  first  apportionment  after  the  organization  of  a  new 
district,  the  county  superintendent  shall  apportion  to  such 
district  its  per  capita  proportion  of  the  general  fund,  but  no 
money,  either  from  the  general  or  special  fund,  shall  be  paid 
out  of  the  county  treasury  on  account  of  such  district,  until 
a  school  shall  have  been  taught  therein  one  month:  Pro- 
vided, that  any  new  district  formed  by  the  division  of  an  old 
one  shall  be  entitled  to  its  apportionment,  where  the  time 
that  school  was  maintained  in  the  old  district  before  division, 
and  in  the  new  one  after  division,  shall  be  equal  to  at  least 
four  months. 

405.  Method  of  Procedure.  Division  of  School  District 
Having  More  Than  One  School  House. 

1.  Whenever  any  school  district  has  more  than  one  school 
house,  and  the  school  electors  residing  in  any  particular  por- 
tion of  said  district,  in  which  portion  there  is  a  school  house, 
desire  a  division  of  said  district,  they  shall  present  a  petition 
in  writing  to  the  board  of  trustees  of  said  school  district, 
signed  by  a  majority  of  the  school  electors  of  that  portion  of 
said  school  district  out  of  which  they  desire  to  create  a  new 
school  district  which  petition  shall  describe  the  boundaries 


GENERAL    SCHOOL    LAW  35 

of  the  proposed  new  school  district.  The  board  of  trustees 
of  said  district  at  any  regular  meeting  or  at  any  special  meet- 
ing called  for  that  purpose,  may  approve  or  deny  the  said 
petition  in  their  discretion  and  shall  enter  their  approval  or 
denial  upon  the  minutes  of  said  meeting  and  transmit  the 
original  petition  together  with  a  certified  copy  of  the  minutes 
of  said  meeting  to  the  county  superintendent  of  schools.  If 
the  board  of  trustees  of  said  school  district  shall  approve  of 
the  division  of  said  school  district,  and  no  appeal  is  taken 
from  their  decision  as  herein  provided,  the  county  superin- 
tendent of  schools  may  thereupon  make  an  order  establishing 
such  new  district  and  defining  its  boundaries.  Any  three 
resident  taxpayers  of  either  the  old  or  new  district  may 
within  thirty  days  appeal  from  the  decision  of  the  said  board 
of  school  trustees  to  the  county  superintendent  of  schools 
and  may,  within  thirty  days  appeal  from  the  decision  or  or- 
der made  by  the  county  superintendent  of  schools  to  the 
county  commissioners  whose  decision  shall  be  final. 

2.  Selection   of   School   Trustees. — Trustees    shall   be   se- 
lected as  provided  in  Section  404,  sub-division  2  of  this  Act. 

3.  Distribution  of  Indebtedness. — If,  at  the  time  such  new 
district  is  created,  there  is  any  indebtedness  against  such 
old  school  district,  then  the  board  of  county  commissioners 
of  the  county  in  which  such  districts  are  located  shall,  at  its 
first  regular  meeting  after  the  order  creating  said  new  dis- 
trict is  made,  apportion  such  indebtedness  between  said  dis- 
tricts, by  first  deducting  from  said  indebtedness  the  amount 
of  all  moneys  in  the  treasury  belonging  to  the  sinking  fund 
of  said  old  district,  and  then  apportioning  the  remainder  of 
the  indebtedness  between  the  respective  districts  in  propor- 
tion to  the  value  of  the  school  property  remaining  in  the  old 
district  to  the  value  of  the  school  property  in  the  new  dis- 
trict. 

4.  Trustees  Issue  Interest  Bearing  Warrants. — That  upon 
the  adjustment  of  such  indebtedness,  it  shall  be  the  duty  of 
the  board  of  trustees  of  such  new  district  to  cause  to  be 
made  out,  issued  and  delivered  to  the  trustees  of  such  old 
district,  warrants  equal  to  the  amount  of  such  indebtedness 
apportioned  to  such  new  district,  which  warrants,  upon  pre- 
sentation, shall  be  endorsed  by  the  treasurer  of  the  county, 
"not  paid  for  want  of  funds,"  and  shall  thereafter  draw  in- 
terest at  the  rate  of  six  per  cent  per  annum. 


36  STATE     OF     MONTANA 

5.  County  Commissioners  Levy  Tax  for  Interest  Bearing 
Warrants. — Until  said  warrants  are  paid,  it  shall  be  the  duty 
of  the  board  of  county  commissioners  of  said  county  to  an- 
nually levy  a  tax  upon  the  taxable  property  of  such  new 
school  district  sufficient  to  pay  the  interest  on  said  warrants, 
and  the  money  realized  from  the  levy  of  such  taxes  shall  be, 
by  the  county  treasurer,  kept  in  a  special  fund  to  be  used 
solely  for  the  purpose  of  paying  the  interest  and  principal 
of  said  warrants. 

6.  Trustees   May   Issue   Bonds. — The   school   trustees    of 
such  new  school  district  shall  have,  and  are  hereby  given  the 
power  and  authority  to  issue  on  the  credit  of  their  district 
coupon  bonds  and  sell  and  dispose  of  the  same  for  the  purpose 
of  providing  the  necessary  funds  to  pay  such  warrants.    Such 
bonds  shall  be  issued  and  disposed  of  upon  the  conditions  and 
in  the  manner  provided  in  Section  2030  of  this  Act,  except 
that  said  bonds  shall  recite  in  the  body  of  each  bond  that, 
"this  bond  is  issued  for  the  purpose  of  providing  funds  to 
pay  outstanding  warrants." 

7.  Incorporated  Towns  and  Cities  Not  Included  in  New 
District. — That  no  territory  within  the  corporate  limits  of 
any  incorporated  city  or  town  shall  be  included  in  any  new 
school  district  formed  or  created  under  the  provisions  of  this 
Act. 

406.     District  Boundaries. 

The  boundaries  of  any  district  cannot  be  changed,  save  in 
forming  new  districts,  except  as  herein  provided.  A  ma- 
jority of  the  resident  freeholders  residing  in  territory  which 
is  a  part  of  any  organized  school  district,  may  present  a  peti- 
tion in  writing  to  the  County  Superintendent,  asking  that 
such  territory  be  transferred  to  or  included  in  any  other  or- 
ganized district  to  which  said  territory  is  contiguous.  The 
petition  shall  describe  the  territory  which  it  is  proposed  to 
transfer  or  include,  and  shall  also  state  the  reason  for  desir- 
ing such  change  and  the  number  of  children  of  school  age, 
if  any,  residing  in  the  territory  to  be  transferred  or  included. 

The  County  Superintendent  shall  file  said  petition  in  his 
office  immediately  on  receipt  thereof,  and  shall  give  notice 
to  the  parties  interested  by  posting  notices  at  least  ten  days 
prior  to  the  time  appointed  for  considering  said  petition,  one 
of  which  shall  be  in  a  public  place  in  the  territory  which  is 


GENERAL    SCHOOL    LAW  37 

proposed  to  be  transferred  or  included,  and  one  on  the  door 
of  each  school  house  in  each  district  affected  by  the 
change,  or  if  there  be  no  school  house  in  such  district  then 
in  some  public  place  in  such  district  or  districts,  and  at  the 
time  stated  in  said  notice  for  the  consideration  of  such  peti- 
tion, which  shall  not  be  less  than  ten  days  nor  more  than 
thirty  days  after  the  date  of  filing  such  petition,  he  shall 
proceed  to  hear  such  petition,  and  if  he  deem  it  advisable 
and  for  the  best  interests  of  the  territory  proposed  to  be 
transferred  or  included,  he  shall  grant  said  petition  and 
make  an  order  fixing  the  boundaries  of  the  districts  so 
changed,  which  order  shall  be  final,  unless  an  appeal  be  taken 
to  the  Board  of  County  Commissioners  of  the  County  wherein 
such  districts  are  located  within  thirty  days  thereafter,  and 
upon  hearing  thereof,  the  decision  of  said  Board  shall  be  final. 
All  the  papers,  documents  and  records  in  the  case  shall  be 
certified  by  the  County  Superintendent  to  the  County  Com- 
missioners for  their  determination  of  the  matter  on  appeal; 
Provided,  that  lands  lying  contiguous  to  a  district  and  not 
attached  to  any  district,  shall  be  attached  to  an  adjacent 
district  by  the  County  Superintendent  of  his  own  motion; 
and  provided,  further,  that  all  districts  shall  consist  of  con- 
tiguous territory. 

407.     Consolidated  Districts. 

1.  Two  Methods. — That  two  or  more  school  districts  may 
consolidated  either  by  the  formation  of  a  new  district,  or 

by  the  annexation  of  one  or  more  districts  to  an  existing 
district,  as  hereinafter  provided. 

2.  Order  of  Procedure.     A  Petition. — Whenever  the  coun- 
ty superintendent  of  schools  receives  a  petition  signed  and 
acknowledged  by  a  majority  of  the  resident  freeholders  of 
each  district  affected,  qualified  to  vote  at  school  elections, 
praying  for  consolidation,  he  shall  within  ten  days  cause  a 
ten  days'  posted  notice  to  be  given  by  the  clerk  in  each  dis- 
trict, such  notice  to  be  posted  in  three  public  places,  in  each 
district,  of  an  election  in  such  district  at  a  time  and  place 
specified  in  each  notice,  to  vote  on  the  question  of  consolida- 
tion. 

The  votes  at  such  election  shall  be  by  ballot  which  shall 
read  "For  Consolidation"  or  "Against  Consolidation."  The 
presiding  officer  at  such  election  shall  within  ten  days  there- 


38  STATE    OF     MONTANA 

after  certify  the  result  of  the  vote  to  the  county  superintend- 
ent of  the  county  in  which  the  district  mainly  lies. 

If  the  majority  of  the  votes  cast  in  each  district  be  for 
consolidation,  it  carries,  and  the  superintendent,  within  ten 
days  thereafter  shall  make  proper  orders  to  give  effect  to 
such  vote  and  shall  thereafter  transmit  a  copy  thereof  to  the 
county  clerk  and  recorder  of  each  county  in  which  any  part 
of  any  district  lies,  and  the  clerk  of  each  district  affected. 
If  the  order  be  for  the  formation  of  a  new  district,  it  shall 
specify  the  name  and  number  of  such  district,  and  he  shall 
appoint  three  trustees  to  serve  until  the  first  Saturday  in 
April  succeeding. 

At  the  regular  election  succeeding  there  shall  be  elected 
by  the  regularly  qualified  electors  three  trustees,  one  of 
whom  shall  serve  for  one  year,  one  for  two  years,  and  one 
for  three  years.  The  election  of  trustees  and  terms  shall  be 
the  same  as  for  other  districts  under  the  general  school  laws. 

3.  Disposition  of  Funds.    Property,  Records. — In  case  of 
annexation  of  any  district  or  districts  to  any  existing  dis- 
trict, as  herein  provided,  the  proper  officers  of  the  annexed 
districts,  within  ten  days  from  the  receipt  of  a  copy  of  such 
order,  shall  turn  over  to  the  proper  officers  of  the  district 
to  which  they  are  annexed,  all  records,  funds,  and  effects  of 
such  annexed  district.     In  case  of  the  formation  of  a  new 
district,  the  proper  officers  of  the  discontinued  districts  in 
like  manner  within  ten  days  after  the  organization  of  the 
new  district,  shall  turn  over  the  records,  funds,  and  effects 
of  such  old  districts  to  the  proper  officers  of  the  new  dis- 
tricts. 

In  case  of  consolidation  of  districts  by  annexation  the  title 
to  school  houses  and  sites  of  the  separate  districts,  shall  vest 
in  the  new  consolidated  district  and  the  officers  of  the  old 
district  shall  continue  to  exercise  their  duties  until  the  of- 
ficers of  the  new  consolidated  district  have  been  elected  and 
have  qualified. 

4.  How  Governedj — Consolidated  school  districts  shall  be 
governed  by  the  general  school  laws  of  the  state. 

5.  Bonded  Debts. — Bonded  indebtedness  of  any  districts 
merged  by  consolidation  shall  be  assumed  by  the  consolidated 
district. 


GENERAL    SCHOOL    LAW  39 

408.     Joint  Districts. 

1.  Formation. — That  joint  districts  (districts  lying  partly 
in  one  county  and  partly  in  another)  may  be  formed  in  the 
same  manner  as  other  new  districts  are  formed,  except  that 
the  petition  herein  provided  for  must  be  made  to  the  county 
superintendent  of  each  county  affected;  but  in  the  case  of 
joint  districts,  all  of  the  provisions  herein  enumerated  for 
the  formation  of  a  new  district  must  be  by  concurrent  action 
of  the  superintendent  of  each  county  affected. 

2.  Control. — Whenever  a  district  lies  partly  in  one  county 
and  partly  in  another,  the  county  superintendent  must  appor- 
tion to  such  district  such  proportion  of  the  school  money  to 
which  such  district  is  entitled  as  the  number  of  school  cen- 
sus children  residing  in  that  portion  of  the  district  situated 
in  his  county  bears  to  the  whole  district.    The  trustees  and 
teachers  of  joint  districts  must  make  to  the  superintendent 
of  each  county  in  which  the  district  is  located  the  reports 
which  other  trustees  and  teachers  are  required  to  make,  and 
also  the  number  of  pupils  attending  the  school  from   each 
county;  and  all  other  acts  which  from  their  nature  should 
be  separately  kept  and  done,  as  if  each  portion  of  said  joint 
district  belonging  to  each  county  were  an  entire  district  in 
the  respective  counties.     The  teachers  of  such  joint  district 
shall  have  certificates  from  the  superintendent  of  the  county 
in  which  the  school  house  is  located. 

CHAPTER  V. 
School  Trustees. 

500.  Qualifications  Of.— 

Any  person,  male  or  female,  who  is  a  qualified  voter  at 
any  election  under  this  Act,  shall  be  eligible  to  the  office  of 
school  trustee  in  such  district. 

501.  Number  Of.— 

In  districts  of  the  first  class,  the  number  of  trustees  shall 
be  seven,  in  districts  of  the  second  class  the  number  of  trus- 
tees shall  be  five,  and  in  districts  of  the  third  class  the  num- 
ber of  trustees  shall  be  three. 

502.  Election.— 

1.  An  annual  election  of  school  trustees  shall  be  held  in 
each  school  district  in  the  state  on  the  first  Saturday  in 
April,  in  each  year,  at  the  district  school  house,  if  there  be 


40  STATE     OF     MONTANA 

one,  and  if  there  be  none,  at  a  place  designated  by  the  board 
of  trustees. 

2.  Districts  of  the  Second  and  Third  class: 

(a)  Nomination  of. — In  districts  of  the  second  and  third 
class,  the  names  of  all  candidates  for  membership  on  the 
school  board  must  be  received  and  filed  by  the  clerk  and 
posted  at  each  polling  place  at  least  five  days  next  preceding 
the  election.    Any  five  qualified  electors  of  the  district  may 
file  with  the  clerk  the  nominations  of  as  many  persons  as  are 
to  be  elected  to  the  school  board  at  the  ensuing  election. 

(b)  Conduct  of  Election. — In  districts  of  the  second  and 
third  class,  the  election  of  school  trustees  shall  be  held  and 
conducted  under  the  supervision  of  the  board  of  school  trus- 
tees.   The  clerk  of  the  school  district  must  not  less  than  fif- 
teen days  before  the  election  required  under  this  Act,  post 
notices  in  three  public  places  in  said  district,  and  in  incor- 
porated cities  in  each  ward,  which  notices  must  specify  the 
time  and  place  of  election,  and  the  hours  during  which  the 
polls  will  be  open.     The  trustees  must  appoint  by  an  order 
entered  in  their  records  three  qualified  electors  of  said  dis- 
trict, to  act  as  judges  at  such  election,  and  the  clerk  of  the 
district  shall  notify  them  by  mail  of  their  appointment.     If 
the  judges  named  are  not  present  at  the  time  for  opening 
the  polls,  the  electors  present  may  appoint  judges,  and  the 
judges  so  appointed  shall  designate  one  of  their  number  to 
act  as  clerk.    The  voting  must  be  by  ballot,  without  reference 
to  the  general  election  laws  in  regard  to  nominations,  form 
of  ballot,  or  manner  of  voting,  and  the  polls  shall  be  open  for 
such  length  of  time  as  the  board  of  trustees  may  order ;  Pro- 
vided,  that  such   polls   must  be   open   from   two   P.   M.   to 
six  P.  M. 

3.  Districts  of  the  First  Class. 

(a)  Nomination  Of. — In  districts  of  the  first  class  no 
person  shall  be  voted  for  or  elected  as  trustee  unless  he  has 
been  nominated  therefor  by  a  bona  fide  public  meeting,  held 
in  the  district  at  least  ten  days  before  the  day  of  election, 
and  at  which  at  least  twenty  qualified  electors  were  present, 
and  a  chairman  and  secretary  were  elected,  and  a  certificate 
of  such  nomination  setting  forth  the  place  where  the  meet- 
ing was  held,  giving  the  names  of  the  candidates  in  full,  and 
if  there  are  different  terms  to  be  filled,  the  term  for  which 
such  candidate  was  nominated,  duly  certified  by  the  chair- 


GENERAL    SCHOOL     LAW  41 

man  and  secretary  of  such  meeting,  shall  be  filed  with  the 
district  clerk  at  least  eight  days  before  the  day  of  election. 
The  nomination  and  election  of  any  person  shall  be  void,  un- 
less he  was  nominated  at  a  meeting  as  above  provided  at 
which  at  least  twenty  qualified  electors  were  present,  and  his 
nomination  certified  and  filed  as  aforesaid,  and  the  board 
of  trustees  acting  as  a  canvassing  board  shall  not  count  any 
votes  cast  for  any  person,  unless  he  has  been  so  nominated 
and  a  certificate  thereof  filed  as  herein  required, 
(b)  Conduct  Of.— 

1.  Board  of  Trustees  to  Call  Election. — The  board  of  trus- 
tees shall  at  least  thirty  days  before  the  annual  election  of 
school  trustees,  by  an  order  entered  upon  the  minutes  of  their 
meeting,  designate  and  establish  a  suitable  number  of  polling 
places  and  create  an  equal  number  of  election  precincts  to 
correspond,  and  define  the  boundaries  thereof. 

2.  Notice  Of. — The  district  clerk  shall  at  least  fifteen  days 
before  the  election  in  districts  of  the  first  class,  give  notice 
of  the  election  to  be  held  in  all  such  districts,  by  posting  a 
notice  thereof  in  three  public  places  in  the  district,  and  in 
incorporated  cities  and  towns  in  each  ward,  which  notices 
must  specify  the  time  and  place  of  election,  the  number  of 
trustees,  and  the  terms  for  which  they  are  to  be  elected,  and 
the  hours  during  which  the  polls  will  be  open.    Whenever  in 
the  judgment  of  the  board  of  trustees  the  best  interest  of 
the  district  will  be  served  by  the  publication  of  such  notices 
of  election  in  some  newspaper  in  the  county,  they  may,  by  an 
order  entered  on  the  minutes  of  their  meeting,  direct  the  dis- 
trict clerk  to  publish  the  notice  of  election  required  to  be 
given  in  districts  of  the  first  class,  in  some  newspaper  in  the 
county. 

3.  Hours  of  Election. — In  districts  of  the  first  class  the 
polls  must  be  opened  at  eight  o'clock  A.  M.,  and  kept  open 
until  twelve  o'clock  M.,  and  from  one  o'clock  P.  M.,   until 
eight  o'clock  P.  M. 

4.  Judges   Of. — The  board  of  district  trustees   shall,   at 
least  ten  days  before  the  day  of  the  annual  election  of  trus- 
tees in  any  district  of  the  first  class,  appoint  three  qualified 
electors  of  the  district  for  each  polling  place  established  to 
act  as  judges  of  election,  and  the  district  clerk  shall  notify 
such  persons  by  mail  of  their  appointment.    Such  judges  shall 
designate  one  of  their  number  to  act  as  clerk  of  such  elec- 


42  STATE     OF     MONTANA 

tion.  If  the  judges  appointed,  or  any  of  them,  are  not  pres- 
ent at  the  time  for  the  opening  of  the  polls,  the  electors  pres- 
ent may  appoint  judges,  who  must  be  qualified  electors,  to  act 
in  the  place  of  those  who  are  absent. 

5.  Ballots  and  Method  of  Voting. — In  districts  of  the  first 
class,  the  ballot  shall  show  the  name  or  names  of  the  candi- 
dates and  the  length  of  time  for  which  they  are  to  be  elected. 
These  ballots  shall  be  as  near  as  possible  in  the  following 
form: 

For  School  Trustees: 

For  three  (3)  year  term. 

Vote  for  Three: 

John  Abner 

William  Brown 

Adam  Smith 
For  one    (1)    year  term. 

George  Davis 

4.  Poll  and  Tally  List,  Certificate  of  Judges,  and  Canvass 
of  Votes. 

At  every  election  held  under  this  Act,  a  poll  list  shall  be 
kept  by  the  judges  and  clerk  at  each  polling  place,  and  im- 
mediately after  the  close  of  the  polls  the  judges  shall  count 
the  ballots,  and  if  there  be  more  ballots  than  votes  cast  the 
judges  must  draw  by  lot  from  the  ballots  without  seeing 
them,  sufficient  number  of  ballots  to  make  the  ballots  re- 
maining correspond  with  the  number  of  the  votes  cast.  The 
clerk  shall  write  down  in  alphabetical  order  in  a  poll  book 
provided  for  that  purpose  the  name  of  every  person  voting 
at  the  time  he  deposits  his  ballot.  There  shall  also  be  pro- 
vided a  tally  list  for  each  polling  place ;  after  the  ballots  have 
been  counted  and  made  to  agree  with  the  poll  list  the  judges 
shall  proceed  to  count  them.  The  Clerk  shall  enter  in  the 
tally  list  the  name  of  every  person  voted  for  as  trustee,  and 
the  term,  and  tally  opposite  his  name,  the  number  of  .votes 
cast  for  him,  and  at  the  end  thereof  set  down  in  a  column 
provided  for  that  purpose  the  whole  number  of  votes  he  re- 
ceived. The  judges  and  clerk  shall  sign  a  certificate  to  said 
tally  list  setting  forth  the  whole  number  of  votes  cast  for 
each  person  or  trustee,  designating  the  term,  and  they  shall 
verify  the  same  as  being  correct  to  the  best  of  their  knowl- 
edge before  an  officer  authorized  to  administer  oaths.  No 
informality  in  such  certificate  shall  vitiate  the  election,  if 


GENERAL    SCHOOL    LAW  43 

the  number  of  votes  received  for  each  person  can  reasonably 
be  ascertained  from  said  tally  list.  Said  books  and  tally 
lists  shall  be  returned  to  the  board  of  trustees  of  the  district, 
who  shall  canvass  the  vote  and  cause  the  clerk  of  the  district 
to  issue  a  certificate  of  election  to  the  person  or  persons 
elected,  designating  their  term,  a  copy  of  which  must  be  for- 
warded to  the  county  superintendent  of  schools.  School  trus- 
tees are  hereby  authorized  to  administer  oaths  to  judges  of 
election. 

5.  Term  of  Office:     Vacancy:     Oath  of  Trustee. — Trus- 
tees elected  shall  take  office  immediately  after  qualifying 
and  shall  hold  office  for  the  term  of  three  years  except  as 
elsewhere  expressly  provided,  and  until  their  successors  are 
elected  and  qualified,  or  appointed  by  the  county  superintend- 
ent of  schools  and  qualified. 

A  vacancy  in  the  office  of  school  trustee  must  be  filled 
by  appointment  by  the  county  superintendent  of  schools  sub- 
ject to  confirmation  by  a  majority  of  the  remaining  members 
of  said  board,  if  those  remaining  constitute  a  majority  of 
the  total  number  of  the  board,  which  trustee  so  appointed 
shall  hold  office  until  the  next  annual  election,  at  which  elec- 
tion there  shall  be  elected  a  school  trustee  for  the  unexpired 
term. 

Every  trustee  shall  file  his  oath  of  office  with  the  county 
superintendent  of  schools.  Any  trustee  who  shall  fail  to 
qualify  within  fifteen  days  after  being  elected  shall  forfeit 
all  rights  to  office,  and  the  county  superintendent  of  schools 
shall  appoint  to  fill  the  vacancy  in  the  office  of  such  school 
trustees. 

6.  Vacancy  in  School  Boardj — When  any  vacancy  occurs 
in  the  office   of  trustee  of  any   school   district   by   death, 
resignation,  failure  to  elect  at  the  proper  time,  removal  from 
the  district,  or  other  cause,  the  fact  of  such  vacancy  shall  be 
immediately  certified  to  the  county  superintendent  by  the 
clerk  of  the  school  district,  and  the  county  superintendent 
shall  immediately  appoint  in  writing  some  competent  person 
who  shall  qualify  and  serve  until  the  next  annual  school  elec- 
tion.    The  county   superintendent   shall   at  the   same   time 
notify  the  clerk  of  the  school  district  of  every  such  appoint- 
ment; Provided,  that  absence  from  the  school  district  for 
sixty  consecutive  days  shall  constitute  a  vacancy  in  the  office 
of  trustee. 


44  STATE     OF     MONTANA 

7.  Trustees — How  Removed. — Any  school  trustee  may  be 
removed  from  office  by  a  court  of  competent  jurisdiction  by 
law  for  removal  of  elective  civil  officers;  Provided,  however, 
that  upon  charges  being  preferred  and  good  cause  shown,  the 
board  of  county  commissioners  may  suspend  a  trustee  until 
such  time  as  such  charges  can  be  heard  in  the  court  having 
jurisdiction  thereof  - 

8.  Vacancy  in  Office  of  Clerk.— Should  the  office  of  the 
clerk  of  the  school  district  become  vacant,  the  board  of  school 
trustees  shall  immediately  fill  such  Vacancy  by  appointment, 
and  the  chairman  of  the  board  of  school  trustees  shall  imme- 
diately notify  the  county  superintendent  of  such  appointment. 

9.  Rearrangement  of  Terms  to  Prevent  the  Election  of  a 
Majority  of  the  Trustees. — When  at  any  annual  school  elec- 
tion the  terms  of  a  majority  of  the  trustee  regularly  expire; 
in  districts  of  the  first  class,  three  trustees,  in  districts  of  the 
second  class,  two  trustees,  in  districts  of  the  third  class,  one 
trustee,  shall  be  elected  for  three  years,  and  the  remaining 
trustee  or  trustees  whose  terms  expire  shall  hold  over  for 
one  or  two  years  as  may  be  necessary  to  prevent  the  terms 
of  a  majority  of  the  board  of  trustees  expiring  in  any  one 
year;  Provided,  that  it  shall  be  determined  by  lot  what  trus- 
tees shall  hold  over,  and  for  what  term. 

10.  Qualifications    of    Electors. — Every    citizen    of    the 
United  States  who  has  resided  in  the  State  of  Montana  for 
one  year,  and  thirty  days  in  the  school  district  next  preceding 
the  election,  may  vote  thereat.    Women  of  the  age  of  twenty- 
one  years  and  upwards,  who  are  citizens  of  the  United  States, 
and  who  have  resided  in  the  State  of  Montana  one  year,  and 
in  the  school  district  for  thirty  days  next  preceding  the  day 
of  the  election,  may  vote  thereat. 

(S.  B.  55  of  the  13th  Legislative  Assembly  provides, 
"That  electors  otherwise  qualified  shall  not  be  required  to 
register  to  vote  at  school  elections  in  school  districts  of  the 
third  class.") 

11.  Challenges:     Oath  of  Voters. — Any  person   offering 
to  vote  may  be  challenged  by  any  elector  of  the  district,  and 
the  judges  must  thereupon  administer  to  the  person  chal- 
lenged an  oath  or  affirmation  in  substance  as  follows :     "You 
do  solemnly  swear  or  affirm,  that  you  are  a  citizen  of  the 
United  States;  that  you  are  twenty-one  years  of  age;  and 
that  you  have  resided  in  the  State  one  year,  and  in  this  school 


GENERAL     SCHOOL     LAW  45 

district  thirty  days  next  preceding  this  election,  and  that  you 
have  not  voted  this  day,  so  help  you  God."  If  he  takes  this 
oath  or  affirmation,  his  vote  must  be  received;  otherwise  re- 
jected. Any  person  who  shall  swear  falsely  before  any  such 
judge  of  election,  shall  be  guilty  of  perjury  and  shall  be  pun- 
ished accordingly. 

12.  Expenses  of  Election. — All  the  expenses  necessarily 
incurred  in  the  matter  of  holding  elections  for  school  trustees 
shall  be  paid  out  of  the  school  funds  of  the  district.  Judges 
of  election  of  districts  of  the  first  and  second  class  shall 
receive  not  to  exceed  three  dollars  per  day  each  for  all  ser- 
vices connected  with  the  election. 

503.  Compensation  of  Trustees. 

Every  school  trustee  in  a  district  of  the  first  class,  provided 
said  district  shall  have  a  population  not  less  than  twenty 
thousand,  shall  give  an  official  bond  in  the  sum  of  ten  thou- 
sand dollars  for  the  faithful  discharge  of  his  duties,  which 
bond  shall  be  approved  by  the  district  judge  and  filed  with 
the  county  clerk,  and  every  such  trustee  shall  be  entitled  to 
receive  out  of  the  school  funds  of  the  district  the  sum  of  four 
dollars  for  each  meeting  of  trustees,  which  he  shall 
attend  in  giving  the  necessary  attention  to  school  business, 
not  exceeding,  however,  one  meeting  each  week,  and  he  shall 
receive  no  compensation  for  his  attendance  at  any  meeting 
unless  he  attends  throughout  its  entire  session.  The  com- 
pensation here  provided  shall  be  audited  and  allowed  by  the 
board  of  trustees  and  entered  upon  their  records. 

504.  Organization  Of. 

The  school  trustees  shall  meet  annually  the  third  Saturday 
in  April  and  organize  by  choosing  one  of  their  number  chair- 
man, and  a  competent  person,  not  a  member  of  the  board, 
as  clerk.  The  chairman  shall  preside  at  all  the  meetings  of 
the  board,  and  shall  perform  such  duties  as  usually  pertain  to 
such  officer,  and  in  accordance  with  the  customary  rules  of 
order. 

505.  Meetings  Of. 

The  board  shall  hold,  in  districts  of  the  first  class,  at  least 
one  and  not  more  than  five  meetings  each  month  for  the 
transaction  of  its  business;  and  in  all  districts  at  least  four 
meeting  each  year  shall  be  held,  to-wit:  On  the  third  Satur- 
days of  April,  July,  October  and  January,  at  such  places  and 


46  STATE     OF     MONTANA 

hours  as  shall  be  fixed  by  the  board.  A  special  meeting  of 
the  board  may  be  held  upon  the  call  of  the  chairman  or  any 
two  members  of  the  board ;  at  least  forty-eight  hours  written 
notice  shall  be  given  to  each  member  of  the  board  of  any  spe- 
cial meetings,  and  no  business  transacted  by  the  board  shall 
be  valid,  unless  transacted  at  a  regular  or  special  meeting 
thereof. 

506.  Quorum  Of. 

Except  when  otherwise  authorized  by  law  every  school 
district  is  under  the  control  of  a  board  of  school  trustees, 
consisting  of  three  members,  a  majority  of  which  constitutes 
a  quorum  for  the  transaction  of  business. 

507.  Powers. 

1.  Over  Property. — The  board  of  trustees  of  each  school 
district  shall  have  custody  of  all  school  property  belonging 
to  the  district,  and  shall  have  power  in  the  name  of  the  dis- 
trict,  or  in   their   own  names,   as   trustees   of   the   district 
to   convey   by   deed   all   the   interest   of   the   district   in   or 
to  any  school  house  or  lot  directed  to  be  sold  as  hereinafter 
provided,  and  all  conveyances   of  real   estate  made   to  the 
district  or  to  the  trustees  thereof,  shall  be  made  to  the  board 
of  trustees  of  the  district  and  to  their  successors  in  office; 
said  board,  in  the  name  of  the  district  shall  have  power  to 
transact  all  business  necessary  for  maintaining  schools  and 
protecting  the  rights  of  the  district. 

2.  Establish   High   Schools. — Whenever   the   interests    of 
the  district  require  it  a  board  of  trustees  may  establish  a 
high  school,  employ  a  principal  teacher  and  subordinate  teach- 
ers, and  grade  the  school  into  departments  and  classes. 

3.  Transportation  of  Pupils. — That  the  trustees   of  any 
school  district  in  the  State  of  Montana,  when  they  shall  deem 
it  for  the  best  interest  of  all  pupijs  residing  in  such  district, 
may  close  their  school  and  send  pupils  of  the  district  to  an- 
other district  and  for  such  purpose  are  hereby  empowered  to 
expend  any  moneys  belonging  to  their  district  for  the  pur- 
pose of  paying  for  the  transportation  of  pupils  from  their 
district  to  such  other  district  or  districts  and  for  the  pur- 
pose of  paying  their  tuition.    Whenever  the  trustees  of  any 
school  district  in  the  State  of  Montana  deem  it  for  the  best 
interest  of  such  district  and  the  pupils  residing  therein  they 
may  expend  any  moneys  belonging  to  their  district  for  the 


GENERAL    SCHOOL    LAW  47 

purpose  of  paying  for  the  transportation  of  pupils  from  their 
homes  to  the  public  school  or  schools  maintained  in  such 
district. 

4.  Night  Schools. — The  trustees  shall  have  power  to  or- 
ganize and  maintain  outside   of  the   regular   school   hours, 
special  sessions  of  the  public  schools  whenever  in  their  judg- 
ment,  such  sessions  are  necessary.     They  shall  determine 
what  subjects  shall  be  taught,  and  shall  make  all  necessary 
rules  and  regulations  for  such  sessions  including  the  terms 
of  admission  of  pupils.    Such  schools  shall  be  free  to  all  eligi- 
ble pupils  of  the  district  and  the  expense  of  maintenance  shall 
be  paid  out  of  the  general  school  funds  of  the  district. 

5.  Transfer  of  Apportionment. — Any  board  of  trustees, 
may  in  their  discretion,  when  pupils  belonging  in  their  dis- 
trict are  attending  school  in  another  district,  transfer  school 
moneys  due  by  apportionment  to  such  pupils,  to  the  district 
in  which  they  are  attending  school. 

6.  Call  Special  Election. — The  board  of  trustees  shall  have 
power  to  call  a  special  election  for  the  purpose  of  bonding 
the  district  for  the  erection  and  furnishing  buildings  and 
purchase  of  school  sites,  and  for  permission  to  sell  school 
property;  Provided,  that  in  districts  of  the  first  and  second 
classes  boards  of  trustees  shall  have  power  to  change  or  select 
school  sites. 

508.     Duties. 

Every  school  board  unless  otherwise  specially  provided  by 
law  shall  have  power  and  it  shall  be  its  duty: 

1.  To  prescribe  and  enforce  rules  not  inconsistent  with 
law,  or  those  prescribed  by  the  Superintendent  of  Public  In- 
struction for  their  own  government  of  schools  under  their 
supervision. 

2.  To  employ  or  discharge  teachers,  mechanics,  or  labor- 
ers, and  to  fix  and  order  paid  their  wages ;  Provided,  that  no 
teacher  shall  be  employed  except  under  resolution  agreed  to 
by  a  majority  of  the  board  of  trustees  at  a  special  or  regular 
meeting;  nor  unless  such  teacher  be  the  holder  of  a  legal 
teacher's  certificate  in  full  force  and  effect.    All  contracts  of 
employment  of  teachers,  authorized  by  proper  resolution  of 
a  board  of  trustees,  shall  be  in  writing  and  executed  in  dupli- 
cate by  the  chairman  and  clerk  of  the  board,  for  the  district 
and  by  the  teacher. 


4S  STATE     OF     MONTANA 

3.  To  determine  the  rate  of  tuition  of  non-resident  pupils. 

4.  To  fix  the  compensation  of  the  clerk. 

5.  To  enforce  the  rules  and  regulations  of  the  superin- 
tendent of  public  instruction  for  the  government  of  schools, 
pupils,  and  teachers  and  to  enforce  the  course  of  study. 

6.  To   provide   for   school   furniture   and   for   everything 
needed  in  the  school  house  or  for  the  use  of  the  school  board. 

7.  To  rent,  repair  and  insure  school  houses. 

8.  To  build  or  remove  school  houses,  and  to  purchase  or 
sell  school  sites,  provided  that  in  districts  of  the  third  class 
they  shall  not  build  or  remove  school  houses,  nor  purchase, 
sell  or  locate  school  sites  unless  directed  so  to  do  by  a  major- 
ity of  the  electors  of  the  district. 

9.  To  hold  in  trust  for  their  district  all  real  or  personal 
property  for  the  benefit  of  the  school  thereof. 

10.  To  suspend  or  expel  pupils  from  school  who  refuse 
to  obey  the  rules  thereof,  and  to  exclude  from  school,  children 
under  six  years  of  age  where  the  interest  of  the  school  re- 
quires such  exclusion. 

11.  To  provide  books,   clothing  and  medical  aid  for  in- 
digent children  when  it  shall  be  made  to  appear  that  such 
aid  is  needed. 

12.  To  require  pupils  to  be  furnished  with  suitable  books 
as  a  condition  of  membership  in  school. 

13.  To  exclude  from  school  and  school  libraries,  all  books, 
tracts,  papers  and  other  publications  of  immoral  and  perni- 
cious nature. 

14.  To  require  teachers  to  conform  to  the  law. 

15.  To  make  an  annual  report,  as  required  by  law,  to  the 
county  superintendent  on  or  before  the  first  day  of  October, 
in  each  year,  in  the  manner  and  form  and  on  the  blanks  pre- 
scribed and  furnished  by  the  Superintendent  of  Public  In- 
struction. 

16.  To  make  a  report  directly  to  the  Superintendent  of 
Public  Instruction  whenever  instructed  by  him  to  do  so. 

17.  To  determine  what  branches,  if  any,  in  addition  to 
those  required  by  law,  shall  be  taught  in  any  school  in  the 
district,  subject  to  the  approval  of  the  county  superintendent, 
in  districts  of  the  third  class. 

18.  To  visit  every  school  in  their  district  at  least  once  in 
each   term  and  to  examine  carefully  into  its   management, 


GENERAL    SCHOOL    LAW  49 

conditions  and  needs.     This   clause  applies  to  each   of  the 
trustees. 

19.  To  provide  separate  privies  or  outhouses  for  the  use 
of  the  sexes  at  all  school  houses,  where  the  same  do  not  exist, 
and  to  see  that  the  same  are  kept  in  good  repair,  and  in  a 
clean  condition.      Such  privies  or  outhouses  must  be  located 
and  built  in  such  manner  as  to  secure  privacy.    In  all  cases 
where  there  is  no  fence  dividing  the  play  yards  of  the  sexes, 
the  privies  or  outhouses  herein  named  shall  be  separate  and 
distinct  buildings,  and  situated  at  least  twenty  feet  apart, 
and  to  require  that  all  teachers  and  janitors  use  due  care  in 
keeping  all  toilets  in  good  repair  and  in  clean  condition  and 
free  from  obscenity;  Provided,  that  any  trustee  or  trustees, 
teacher,  janitor  or  janitors,  failing  to  comply  with  the  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  ex- 
ceeding one  hundred  dollars  or  imprisoned  in  the  county  jail 
not  exceeding  ninety  days  or  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court. 

20.  To  allow  pupils  residing  in  other  districts  to  attend 
school  in  the  district  of  which  they  have  charge  if  in  their 
judgment  there  is  sufficient  room. 

21.  To  procure  by  purchase  or  donation  and  to  cause  to  be 
displayed  daily  in  suitable  weather,  an  American  flag,  with 
accompanying  necessary  fixtures,  for  each  and  every  school 
house  in  their  respective  districts.     Said  flags  shall  be  of 
dimensions  not  less  than  four  by  six  feet  and  shall  be  made 
from  durable  material.     The  school  trustees  are  hereby  au- 
thorized and  empowered  to  use  such  portion  of  the  school 
funds  as  remain  in  their  hands  and  which  is  not  otherwise 
appropriated  for  the  purchase  and  erection  of  fixtures. 

22.  To  close  school  at  their  discretion  during  the  annual 
session  of  the  State  Teachers'  Association,  and  to  allow  teach- 
ers to  attend  the  same  without  loss  of  salary. 

509.  Letting  Contracts  and  Furnishing  Supplies,  Trustees 
Not  to  Be  Interested  In. 

It  shall  be  unlawful  for  any  school  trustee  to  have  any 
pecuniary  interest,  either  directly  or  indirectly,  in  the  erec- 
tion of  any  school  houses,  or  for  warming,  ventilating,  fur- 
nishing or  repairing  the  same,  or  be  in  any  manner  connected 
with  the  furnishing  of  supplies  for  the  maintenance  of  the 
schools,  or  to  receive  or  to  accept  any  compensation  or  re- 


50  STATE     OF     MONTANA 

ward  for  services  rendered  as  trustees,  except  as  hereinbe- 
fore provided.  No  board  of  trustees  shall  let  any  contract 
for  building,  furnishing,  repairing,  or  other  work,  for  the 
benefit  of  the  district,  where  the  amount  involved  is  two  hun- 
dred and  fifty  dollars,  or  more,  without  first  advertising  in  a 
newspaper  published  in  the  county  for  at  least  two  weeks, 
calling  for  bids  to  perform  such  work,  and  the  board  shall 
award  the  contract  to  the  lowest  responsible  bidder ;  Provided, 
however,  that  the  board  of  school  trustees  shall  have  the 
right  to  reject  any  and  all  bids. 

510.  Liability. 

Any  board  of  trustees,  shall  be  liable  as  trustees,  in  the 
name  of  the  district,  for  any  judgment  against  the  district, 
for  any  salary  due  any  teacher  on  contract  and  for  all  debts 
legally  contracted  under  the  provisions  of  this  title,  and  they 
shall  pay  such  judgments,  or  liabilities  out  of  the  school 
moneys  to  the  credit  of  such  district. 

511.  Misdemeanor.     Penalty. 

When  any  school  officer  is  suspended  by  election  or  other- 
wise, he  shall  immediately  deliver  to  his  successor  in  office 
all  books,  papers,  and  moneys  pertaining  to  his  office,  and 
such  officer  who  shall  refuse  to  do  so,  or  who  shall  willfully 
mutilate  or  destroy  any  such  books  or  papers,  or  any  part 
thereof,  or  who  shall  misapply  any  moneys  intrusted  to  him 
by  virtue  of  his  office,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  in  the  discretion  of  the  court,  not 
exceeding  one  hundred  dollars. 

512.  Clerk. 

The  duties  of  the  District  Clerk  shall  be  as  follows: 

1.  To  attend  all  meetings  of  the  board  of  trustees;  but  if 
he  shall  not  be  present,  the  board  of  trustees  shall  select  one 
of  their  number  as  clerk  who  shall  certify  the  proceedings 
of  the  meeting  to  the  clerk  of  the  district  to  be  recorded  by 
him.    He  shall  keep  his  record  in  a  book  to  be  furnished  by 
the  board  of  trustees  and  he  shall  preserve  a  copy  of  all  re- 
ports made  to  the  County  Superintendent  and  safely  preserve 
and  keep  all  books  and  documents  belonging  to  his  office,  and 
shall  turn  the  same  over  to  his  successors. 

2.  To  keep  accurate  and  detailed  accounts  of  all  receipts 
and  expenditures  of  school  moneys.     At  each  annual  school 
meeting  the  district  clerk  shall  present  his  record  book,  for 


GENERAL    SCHOOL    LAW  5t 

public  inspection  and  shall  make  a  statement  of  the  financial 
condition  of  the  district  and  the  action  of  the  trustees  and 
such  record  must  always  be  open  for  public  inspection. 

3.  To  make  annually  between  the  first  day  of  September 
and  the  first  day  of  October  of  each  year,  an  exact  census  of 
all  the  children  and  youth  between  the  age  of  six  and  twenty- 
one  years  residing  in  the  district;  and  shall  specify  the  sex, 
age,  and  date  of  birth  of  such  children.     He  shall  take  the 
name  of  each  child,  the  same  to  be  spelled  out  in  full;  the 
Christian  and  surname  of  both  parents,  or  guardians,  and  in- 
cluding initials  of  all  middle  names,  together  with  the  place 
of  residence  of  said  parents  or  guardians,  specified  by  street 
and  number  if  living  in  city  or  town ;  or,  if  living  in  any  other 
than  a  city  or  town,  the  postoffice  address  of  said  parents 
or  guardians  must  be  given.     He  shall  take  specifically  and 
separately  a  census  of  all  children  under  the  age  of  six  years 
as  in  the  manner  aforesaid,  all  children  under  twenty-one 
years  of  age  who  may  be  absent  from  home  for  any  cause, 
shall  be  included  by  the  district  clerk  in  the  census  list  of  the 
city,  town  or  district  in  which  their  parents  reside.    He  shall 
make  under  oath  full  report  thereof  on  blanks  furnished  for 
this  purpose  to  the  county  superintendent  in  duplicate,  within 
fifteen  days  after  the  completion  of  the  census  and  deliver 
a  copy  to  the  school  trustees.     Failure  to  make  such  report 
as  specified   shall   constitute   a   misdemeanor,   and   shall   be 
punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than 
fifty  dollars.    For  taking  the  census  the  District  Clerk  shall 
be  paid  by  the  board  of  trustees  from  the  county  school 
money,  to  the  credit  of  the  district,  in  the  same  manner  as 
other  contingent  expenses  are  paid,  at  a  rate  not  exceeding 
ten  cents  for  each  child's  name  returned  by  him.     He  shall 
receive  such  other  compensation  for  other  services  as  may  be 
allowed  by  the  board  of  trustees.     In  case  any  district  clerk 
shall  fail  to  take  the  census  provided  in  this  act  at  a  proper 
time,  and  if  through  such  neglect  the  district  fail  to  receive 
its  apportionment  of  school  moneys,  said  school  clerk  shall 
be  individually  liable  to  the  district  for  the  full  amount  so 
lost,  and  it  may  be  recovered  on  a  suit  brought  by  any  citizen 
of  such  district  in  the  name  and  for  the  benefit  of  the  dib 
trict. 

4.  To  make  annually  between  the  first  and  twentieth  days 
of  September  of  each  year,  an  exact  detailed  and  itemized 


52  STATE     OF     MONTANA 

statement,  of  all  moneys  expended  by  or  in  behalf  of  the 
school  district,  which  statement  shall  show  all  disbursements 
made  on  behalf  of  the  school  district  from  September  first 
of  the  preceding  year  to  September  first  of  the  current  year ; 
it  is  hereby  made  the  duty  of  the  clerk  to  file  said  statement 
on  or  before  September  thirtieth  of  each  year  with  the  chair- 
man of  the  board  of  trustees  of  the  district  and  a  copy  there- 
of with  the  county  treasurer  of  the  county  wherein  the  dis- 
trict is  located  and  in  all  districts  disbursing  annually  amounts 
exceeding  $10,000.00,  the  clerk  shall  and  in  districts  disburs- 
ing less  than  $10,000.00,  annually,  may  cause  to  be  published  in 
some  newspaper  in  general  circulation  published  in  the  same 
county,  a  copy  of  said  statement,  for  two  consecutive  issues, 
each  publication  to  commence  not  later  than  the  first  week 
in  September.  It  is  hereby  made  the  duty  of  the  Board  of 
County  Commissioners  of  each  county  to  designate  the  news- 
paper in  which  said  publication  shall  be  made. 

513.     Shall  Not  Purchase  Charts. 

The  board  of  school  trustees  in  any  district  of  the  third 
class  shall  not  issue  any  warrant  for  maps,  charts  or  other 
apparatus  unless  the  same  is  authorized  by  the  county  su- 
perintendent. 

CHAPTER  VI. 
Schools. 

600.  School  Defined. 

A  public  school  is  hereby  defined  to  be  one  that  is  main- 
tained at  the  public  expense  in  each  school  district,  and  under 
the  supervision  of  the  board  of  trustees,  and  shall  comprise 
the  elementary  grades  and  may  comprise  in  addition  at  op- 
tion of  the  board  the  kindergarten  and  high  school  grades. 

601.  Course  of  Study  in  Elementary  Schools. 

All  public  schools  shall  be  taught  in  the  English  language; 
and  instruction  shall  be  given  in  the  following  branches,  viz:, 
reading,  penmanship,  written  arithmetic,  mental  aritmetic, 
orthography,  geography,  English  grammar,  physiology  and 
hygiene,  with  special  reference  to  the  effect  of  alcoholic 
stimulants  and  narcotics  on  the  human  system,  civics  (State 
and  Federal),  United  States  history,  and  history  of  Montana. 

602.  Kindergarten   Free. 

The  school  board  of  any  school  district  in  the  State  shall 
have  power  to  establish  and  maintain  free  kindergartens  in 


GENERAL    SCHOOL    LAW  53 

connection  with  the  public  schools  of  said  district,  for  the 
instruction  of  children  between  three  and  six  years,  residing 
in  said  district  and  shall  establish  such  course  of  training, 
study  and  discipline,  and  such  rules  and  regulations  govern- 
ing such  preparatory  or  kindergarten  schools  as  said  board 
may  deem  best;  provided,  that  nothing  in  this  Act  shall  be 
construed  to*  change  the  law  relating  to  the  taking  of  the 
census  of  the  school  population  or  the  apportionment  of  state 
and  county  school  funds  among  the  several  counties  and  dis- 
tricts in  the  state;  provided,  further,  that  the  cost  of  estab- 
lishing and  maintaining  such  kindergartens  shall  be  paid 
from  the  school  funds  of  said  district,  and  the  said  kinder- 
gartens shall  be  a  part  of  the  public  school  system  and  gov- 
erned as  far  as  practicable  in  the  manner  and  by  the  same 
officers  as  is  now,  or  hereafter  may  be  provided  by  law  for 
the  government  of  the  other  public  schools  of  the  State;  pro- 
vided, further,  that  the  teachers  of  kindergarten  schools  shall 
pass  such  examination  on  kindergarten  work  as  the  kinder- 
garten department  of  the  state  normal  school  may  direct, 
provided  that  a  certificate  from  a  kindergarten  teacher's  in- 
stitute of  recognized  standing  shall  be  recognized  by  the 
State  Normal  School. 

603.  High   Schools. — Boards   of  trustees   have   power   to 
establish  a  high  school  as  hereinbefore  provided. 

604.  Who  May  Attend. 

Every  public  school  not  otherwise  provided  for  by  law 
shall  be  open  to  the  admission  of  all  children  between  the 
ages  of  six  and  twenty-one  years  residing  in  the  school  dis- 
trict, and  the  board  of  trustees  shall  have  the  power  to  admit 
children  not  residing  in  the  district  as  hereinbefore  provided. 

605.  School  Day. 

The  school  day  shall  be  six  hours  in  length,  exclusive  of  an 
intermission  at  noon;  but  any  board  of  trustees  in  any  dis- 
trict having  a  population  of  five  hundred  or  more  may  fix 
as  the  school  day  a  less  number  of  hours  than  six;  provided, 
that  it  be  not  less  than  four  hours,  except  in  the  lowest 
primary  grades  where  the  pupils  may  be  dismissed  after  an 
attendance  of  three  hours. 

606.  School  Month. 

A  school  month  shall  consist  of  four  weeks  of  five  days 
each. 


54  .  STATE     OF     MONTANA 

607.  School  Year. 

The  school  year  shall  begin  on  the  first  day  of  September, 
and  end  on  the  thirty-first  day  of  August;  provided,  that  in 
districts  of  the  third  class  the  schools  shall  not  be  in  session 
less  than  four  months  in  any  school  year,  and  in  districts  of 
the  first  and  second  classes  the  school  shall  be  in  session  not 
less  than  nine  months  during  any  school  year;  provided,  fur- 
ther, than  any  school  district  of  the  third  class  which  shall 
fail  to  maintain  a  free  school  for  four  months  during  the 
next  preceding  school  year,  and  any  district  of  the  first  and 
second  class  which  shall  fail  to  maintain  a  free  school  for  at 
least  nine  months  during  the  next  preceding  school  year,  or 
any  school  district  that  shall  fail  to  make  its  annual  report 
to  the  county  superintendent  as  provided  by  law  on  or  be- 
fore October  1st,  of  each  year  shall  not  be  entitled  to  receive 
any  apportionment  of  any  school  moneys. 

Any  and  all  such  moneys  thus  forfeited  by  any  school  dis- 
trict shall  be  apportioned  by  the  county  superintendent  to 
other  school  districts  of  his  county. 

608.  Maintenance  of  Schools  in  Isolated  Sections. 

In  districts  in  which  there  may  be  an  isolated  section  or 
sections  where  reside  not  less  than  four  children,  which  sec- 
tions are  situated  not  less  than  five  miles  from  the  estab- 
lished school  in  such  district,  in  which  isolated  section  or  sec- 
tions is  maintained  for  not  less  than  three  months  a  school 
presided  over  by  a  regular  qualifed  teacher  for  the  benefit 
of  all  children  of  such  section,  the  board  of  trustees  of  such 
district  may  pay  to  the  teacher  of  such  school  the  apportion- 
ment of  the  school  moneys  for  the  census  children  so  attend- 
ing said  school. 

609.  Sectarian  Publications  Prohibted. 

No  publication  of  a  sectarian,  partisan  or  denmoinational 
character  shall  be  used  or  distributed  in  any  school  or  be 
made  a  part  of  any  school  library;  nor  shall  any  sectarian  or 
denominational  doctrines  be  taught  therein. 

610.  Fire  Drills. 

1.  That  in  all  schools  of  the  state,  either  public  or  private, 
in  which  thirty  or  more  children  are  enrolled,  it  shall  be  the 
duty  of  the  teacher  or  teachers  therein  employed  to  instruct 
the  children  under  their  immediate  control  and  charge  once 
each  week  during  school  terms  in  "fire  drill"  as  hereinafter 
provided. 


GENERAL    SCHOOL    LAW  55 

2.  A  fire  alarm  shall  be  given  by  striking  a  gong,  and  im- 
mediately upon  such  alarm,  the  children  shall  be  required  to 
form  immediately  in  line  and  leave  the  building  in  an  or- 
derly manner,   through  the   exit  and   exits   that  will   most 
expeditiously  clear  the  building.     There  shall  be  no  certain 
day  of  the  week  or  hour  of  the  day  for  giving  such  alarm, 
and  it  shall  be  given  without  previous  warning  to  the  children. 

3.  It  shall  be  the  duty  of  the  trustees  or  directors,  or  other 
persons  having  control  and  management  of  any  school  build- 
ing of  the  class  mentioned  in  subdivision  one  of  this  section, 
to  provide  one  or  more  gongs  therefor,  to  be  placed  in  such 
a  manner  that  any  teacher  may  give  an  alarm  without  leav- 
ing the  room  or  that  such  alarm  could  be  given  from  the 
basement.    Each  member  of  any  board  of  trustees  or  direct- 
ors, or  any  other  person,  whose  duty  it  is  to  install  said 
gongs  as  herein  provided  who  fails  or  refuses  so  to  do  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined 
not  less  than  five  nor  more  than  fifty  dollars. 

4.  Any  teacher  who  fails  or  refuses  to  instruct  in  said 
fire  drill  in  the  matter  provided  for  in  this  chapter,  after  the 
installation   of  gongs,   as   above  provided,   shall  be   deemed 
guilty  of  a  misdemeanor  and  shall  upon  conviction,  be  fined 
not  less  than  five  nor  more  than  twenty-five  dollars. 

611.     Instruction  in  Fire  Dangers  and  Prevention  Thereof. 

1.  Every  teacher  or  instructor  in  every  public,  private  or 
parochial  school  or  elementary  grade  consisting  of  more  than 
ten  pupils,  shall  devote  not  less  than  ten  minutes  in  each 
week  during  which  school  is  in  session  to  the  instruction  of 
pupils  in  fire  dangers. 

For  the  purpose  of  such  instruction  it  shall  be  the  duty 
of  the  Commissioner  of  Insurance  to  prepare  a  book  con- 
veniently arranged  in  chapters  or  lessons,  such  chapters  or 
lessons  to  be  in  a  number  sufficient  to  provide  a  different 
chapter  or  lesson  for  each  week  of  the  maximum  school  year, 
one  of  such  lessons  to  be  read  by  the  teachers  in  such  school 
each  week;  provided,  that  if  it  is  advisable,  and  found  possi- 
ble, to  secure  such  lessons  as  may  have  been  prepared  for  this 
purpose,  or  in  use,  in  another  state,  the  same  may  be  used  in 
this  state. 

This  book  shall  be  published  at  the  expense  of  the  state 
from  the  amount  appropriated  for  public  printing,  under  the 
irection  of  the  State  Superintendent  of  Public  Instruction, 


. 


56  STATE     OF     MONTANA 

and  shall  be  distributed  in  quantities  sufficient  to  provide  a 
copy  for  each  teacher  required  by  the  provisions  of  this  chap- 
ter, to  give  the  instruction  herein  provided  for;  the  distribu- 
tion to  be  made  by  the  State  Superintendent  of  Public  In- 
struction. 

2.  Wilfull  neglect  by  any  principal,  or  other  person,  in 
charge  of  any  public,  private  or  parochial  school  of  the  ele- 
mentary grades  to  comply  with  the  provisions  of  this  chapter, 
shall  be  a  misdemeanor,  punishable,  each  offense,  by  a  fine  of 
not  less  than  five  dollars  nor  more  than  twenty  dollars. 

612.     Prevention  of  Communicable  Diseases. 

1.  There  shall  be  taught  in  every  year  in  every  public 
school  of  elementary  grade  in  Montana,  the  principal  modes 
by    which    each    of    the    dangerous    communicable    diseases 
spread,  and  the  method  for  the  restriction  and  prevention  of 
each  such  diseases  as  small  pox,  dipththeria,  scarlet  fever, 
measles,  tuberculosis,  chicken  pox,  and  such  other  diseases 
as  may  be  named,  and  attention  called  to  the  same  by  the 
board  of  health  of  this  state. 

2.  School  boards  shall  annually  send  to  the  public  school 
superintendents  and  teachers  throughout  the  state  printed 
data  and  statements  which  will  enable  them  to  comply  with 
the  provisions  of  this  chapter. 

3.  School  boards  are  hereby  required  to  direct  superin- 
tendents and  teachers  to  give  oral  and  blackboard  instruction, 
using  the  data  and  statements  supplied  by  the  state  board  of 
health. 

4.  Neglect  or  refusal  on  the  part  of  any  superintendent 
or  teacher  to  comply  with  the  provisions  of  this  chapter  shall 
be  considered  a  sufficient  cause  for  dismissal  from  the  school 
by  the  school  board. 

5.  Any  member  of  any  school  board  who  shall  wilfully 
neglect  or  refuse  to  comply  with  any  provisions  of  this  chap- 
ter shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be 
subject  to  punishment  by  a  fine  not  exceeding  one  hundred 
dollars. 

CHAPTER  VII. 

Pupils. 

700.  All  pupils  who  may  be  attending  public  schools  shall 
comply  with  the  regulations  established  in  pursuance  of  law 
for  the  government  of  such  schools ;  shall  pursue  the  required 
course  of  study,  and  shall  submit  to  the  authority  of  the 


GENERAL    SCHOOL    LAW  57 

teachers  of  such  schools.  Continued  and  wilful  disobedience 
and  open  defiance  of  the  authority  of  the  teacher  shall  con- 
stitute good  cause  for  expulsion  from  school.  Any  pupil  who 
shall  in  any  way,  cut,  deface  or  otherwise  injure  any  school 
house,  furniture,  fences  or  outbuildings  thereof,  or  any  book 
belonging  to  other  pupils,  or  any  books  belonging  to  the  dis- 
trict library,  shall  be  liable  to  suspension  and  punishment, 
and  the  parent  or  guardian  of  such  pupil  shall  be  liable  for 
damages,  on  complaint  of  the  teacher  or  any  trustee  and 
upon  proof  of  the  same. 

701.     Secret  Fraternities. 

1.  Prohibited  in  Public  Schools. — From  and  after  the  pas- 
sage of  this  Act  it  shall  be  unlawful  for  any  pupil,  registered 
as    such,    and    attending    any    public    high    school,    district, 
primary  or  graded  school,  which  is  partially  or  wholly  main- 
tained by  public  funds,  to  join,  become  a  member  of,  or  to 
solicit  any  other  pupil  of  any  such  school  to  join,  or  become 
a  member  of  any  secret  fraternity  or  society  wholly  or  par- 
tially formed  from  the  membership  of  pupils  attending  any 
such  school  or  to  take  part  in  the  organization  or  formation 
of  any  such  fraternity  or  society,  except  such  societies  or 
associations  as  are  sanctioned  by  the  trustees  of  such  schools. 

2.  Trustees    to    Establish    Rules    and    Regulations. — The 
trustees  of  all  such  schools  shall  enforce  the  provisions  of 
Section  701  of  this  chapter  and  shall  have  full  power  and 
authority  to  make,  adopt  and  modify  all  rules  and  regulations 
which  in  their  judgment  and  discretion  may  be  necessary 
for  the  proper  governing  of  such  schools  and  enforcing  all 
the  provisions  of  this  section. 

3.  Trustees  Shall  Have  Power  to  Suspend  or  Dismiss. — 
The  trustees  of  such  schools  shall  have  full  power  and  au- 
thority, pursuant  to  the  adoption  of  such  rules  and  regula- 
tions made  and  adopted  by  them,  to  suspend  or  dismiss  any 
pupil  or  pupils  of  such  school  therefrom,  or  to  prevent  them, 
or  any  of  them,  from  graduating  or  participating  in  school 
honors  when,  after  investigation,   in   the  judgment   of  the 
trustees,  or  a  majority  of  them,  such  pupil  or  pupils  are 
guilty  of  violating  any  of  the  provisions  of  this  section,  or 
who  are  guilty  of  violating  any  rule,  rules   or  regulations 
adopted  by  such  trustees  for  the  pupose  of  governing  such 

hools  or  enforcing  this  section. 


I 


58  STATE     OF     MONTANA 

4.  Soliciting  a  Misdemeanor,  by  Persons,  Not  Pupils. — It 
is  hereby  made  a  misdemeanor  for  any  person  not  a  pupil  of 
such  schools  to  be  upon  the  school  grounds,  or  to  enter  any 
school  building  for  the  purpose  of  "rushing"  or  soliciting 
while  there  any  pupil  or  pupils  of  such  schools  to  join  any 
fraternity,  society  or  association  organized  outside  of  said 
schools. 

All  persons  convicted  of  violating  the  provisions  of  this 
section  shall  be  punished  by  a  fine  of  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars. 

CHAPTER  VIII. 

Teachers. 
800.     Certificate  of  Qualification. 

1.  Qualifications. — No  certificate  to  teach  in  the  public 
schools  .of  Montana  shall  be  granted  to  any  person,  who  is  not 
a  citizen  of  the  United  States,  or  who  has  not  declared  his 
intention  to  become  a  citizen. 

2.  No  person  is  eligible  to  teach  in  any  public  school  in 
this  state,  or  to  receive  a  certificate  to  teach,  who  has  not  at- 
tained the  age  of  eighteen  years. 

3.  No  person  shall  be  accounted  a  qualified  teacher  within 
the  meaning  of  the  school  law  who  has  not  first  secured  from 
the   county  board   of  educational   examiners   of  the   county 
in  which  he  proposes  to  teach,  a  certificate  setting  forth  his 
qualifications ;  or  who  has  not  secured  a  temporary  certificate 
from  the  county  superintendent,  or  from  the  county  board 
of  educational  examiners;  or  who  has  not  a  certificate  en- 
dorsed by  the  county  board  of  educational  examiners ;  or  who 
has  not  a  state  certificate  or  a  life  diploma  issued  by  the 
state  board  of  education;  or  who  has  not  a  temporary  state 
certificate  issued  by  the  state  superintendent;  or  who  does 
not  hold  a  certificate  from  the  state  normal  college;  or  who 
has   not  a   university   certificate   of   qualification  to   teach. 
Upon  the  request  of  any  board  of  school  district  trustees  or 
its  representatives,  or  any  county  superintendent  of  schools, 
the   state   superintendent  of  public   instruction   may   grant, 
without  examination,  a  special  certificate  valid  only  in  the 
district  requesting  the  same,  in  music,  drawing,  elcocution, 
physical    culture,    penmanship,    manual    training,    domestic 
science,  agriculture,  commercial  and  kindred  subjects,  first 
three-year  primary,  and  kindergarten  grades  to  any  teacher 


GENERAL    SCHOOL    LAW  59 

who  presents  satisfactory  evidence  of  special  proficiency  for 
teaching  any  of  the  above  subjects,  as  shown  by  any  certifi- 
cate and  credentials  held  by  such  teacher;  provided,  that 
such  special  certificate  shall  be  valid  for  only  one  year,  and 
shall  be  referred  to  the  State  Board  of  Education  for  further 
approval  on  the  payment  of  one  dollar  ($1.00)  into  the  county 
institute  fund,  and  shall  entitle  the  holder  to  teach  only  such 
special  subjects  as  are  stated  in  said  certificate,  provided, 
that  all  certificates  or  diplomas  before  they  shall  be  valid  in 
any  county  must  be  registered  in  the  office  of  the  county 
superintendent  within  ten  days  after  the  term  of  service  of 
any  teacher  begins;  and  not  more  than  ten  days'  salary  shall 
be  paid  any  teacher  for  services  rendered  previous  to  the 
registration  of  such  certificate  or  diploma. 

4.  Any  person  to  be  eligible  to  teach  in  any  public  school 
in  Montana  must  have  attained  the  age  of  eighteen  years, 
must  be  a  citizen  of  the  United  States,  or  must  have  declared 
his  intention  to  become  a  citizen,  and  must  be  the  holder  of 
a  lawful  certificate  to  teach.  Any  contract  made  in  violation 
of  this  section  shall  be  void. 

801.  Tenure  of  Office  of  Teachers. 

After  election  of  any  teacher  or  principal  for  the  second 
consecutive  year  in  any  district  in  the  state  such  teacher  or 
principal  so  elected  shall  be  deemed  re-elected  from  year  to 
year  thereafter  unless  the  board  of  trustees  shall  by  a  ma- 
jority vote  of  its  members  on  or  before  the  first  day  of  May 
give  notice  in  writing  to  such  teacher  or  principal  that  his 
services  will  not  be  required  for  the  ensuing  year;  provided, 
that  in  case  of  principals  in  charge  of  school  systems  such 
notice  shall  be  given  on  or  before  February  1st. 

802.  Powers. 

Every  teacher  shall  have  power  to  hold  every  pupil  to  a 
strict  accountability  in  school,  for  any  disorderly  conduct  on 
the  way  to  and  from  school  or  during  intermission  or  recess ; 
to  suspend  from  school  any  pupil  for  good  cause;  provided 
that  suspension  shall  be  reported  to  the  trustees  as  soon  as 
practicable  for  their  decision ;  provided  further,  that  in  school 
districts  employing  a  superintendent  or  principal,  the  power 
of  suspension  shall  be  vested  in  the  superintendent  or  princi- 
pal as  directed  by  the  rules  of  the  board. 


60  STATE     OF     MONTANA 

803.     Duties. 

1.  Teachers  shall  faithfully  enforce  in  school  the  course 
of  study  and  regulations  prescribed,  and  if  the  teacher  shall 
refuse  or  neglect  to  comply  with  such  reguations  then  the 
board  of  trustees  shall  be  authorized  to  withhold  any  warrant 
for  salaries  due,  until  such  teacher  shall  comply  therewith. 

2.  It  shall  be  the  duty  of  the  teacher  of  every  public  school 
in  this  state  to  keep  in  a  neat  and  businesslike  manner,  a 
daily  register  in  such  form  and  upon  such  blanks  as  shall  be 
prepared  by  the  superintendent  of  public  instruction,  and  no 
board  of  trustees  shall  draw  any  warrant  for  the  salary  of 
any  teacher  for  the  last  month  of  his  services  in  the  school 
at  the  end  of  any  term  or  year,  until  they  shall  have  re- 
ceived a  certificate  from  the  district  clerk  that  the  said  reg- 
ister has  been  properly  kept,  the  summaries  made  and  the 
statistics   entered,   or   until,   by  personal   examination,   they 
shall  have  satisfied  themselves  that  it  has  been  done. 

3.  Every  teacher  employed  in  any  public  school  shall  make 
an  annual  report  to  the  county  superintendent  on  or  before 
the  tenth  day  of  September  next  after  the  close  of  each  school 
year,  in  the  form  and  manner  and  on  blanks  prescribed  by 
the  superintendent  of  public  instruction.     A  copy   of   such 
report  shall  be  furnished  to  the  district  clerk. 

Any  teacher  who  shall  end  any  school  term  before  the 
close  of  the  school  year,  shall  make  a  report  to  the  county 
superintendent  immediately  after  the  close  of  such  term,  and 
any  teacher  who  may  be  teaching  any  school  at  the  close  of 
the  school  year  shall  in  his  annual  report,  include  all  statis- 
tics from  the  school  register  for.  the  entire  school  year  not- 
withstanding any  previous  report  for  a  part  of  the  year. 
Teachers  shall  make  such  additional  reports  as  shall  be  re- 
quired in  pursuance  of  law  by  the  superintendent  of  public 
instruction.  No  board  of  trustees  shall  draw  any  order  or 
warrant  for  the  salary  of  any  teacher,  for  the  last  month  of 
his  services  until  the  reports  herein  required  shall  have  been 
made  and  received;  provided,  that  in  all  schools  acting  under 
the  direction  of  a  city  superintendent,  teachers  shall  be  re- 
quired to  report  to  such  superintendent,  whose  report  shall 
be  accepted  by  the  county  superintendent  and  by  the  trustees 
in  lieu  of  the  teachers  reports;  and  that  when  there  is 
no  city  superintendent,  the  report  of  the  principal  shall  be 
accepted  in  lieu  of  the  teachers'  reports. 


GENERAL    SCHOOL    LAW  61 

4.  It  shall  be  the  duty  of  all  teachers  to  endeavor  to  im- 
press on  the  minds  of  their  pupils  the  principles  of  morality, 
truth,  justice  and  patriotism;  to  teach  them  to  avoid  idleness, 
profanity  and  falsehood,  and  to  instruct  them  in  the  principles 
of  free  government  and  to  train  them  up  to  a  true  compre- 
hension of  the  rights,  duties  and  dignity  of  American  citizen- 
ship. 

5.  It  shall  be  the  duty  of  the  teacher  to  exercise  due  dili- 
gence in  the  care  of  school  grounds  and  buildings,  furniture, 
apparatus,  books  and  supplies. 

6.  Whenever  it  shall  be  deemed  necessary  to  inflict  cor- 
poral punishment  on  any  student  in  the  public  schools,  such 
punishment  shall  be  inflicted  without  undue  anger  and  only 
in  the  presence  of  teacher  and  principal,  if  there  be  one;  and 
then  only  after  notice  to  the  parent  or  guardian;  except  that 
in  cases  of  open  and  flagrant  defiance  of  the  teacher  or  the 
authority  of  the  school,  corporal  punishment  may  be  inflicted 
by  the  teacher  or  principal  without  such  notice. 

7.  Any  parent,  guardian  or  other  person,  who  shall  insult 
or  abuse  a  teacher  in  the  presence  of  the  school,  or  anywhere 
on  the  school  grounds  or  school  premises,  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  liable  to  a  fine  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

8.  Any  person  who  shall  wilfully  disturb  any  public  school 
or  any  public  school  meeting,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  liable  to  a  fine  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

804.  Undue  Punishment  of  Pupils. 

Any  teacher  who  shall  maltreat  or  abuse  any  pupil  by  ad- 
ministering any  undue  or  severe  punishment  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before 
any  court  of  competent  jurisdiction,  shall  be  fined  in  any  sum 
not  exceeding  one  hundred  dollars. 

805.  Dismissal.    Appeal. 

In  the  case  of  the  dismissal  of  any  teacher  before  the  ex- 
piration of  any  written  contract  entered  into  between  such 
teacher  and  board  of  trustees  for  alleged  immorality,  unfit- 
ness,  incompetence  or  violation  of  rules,  the  teacher  may 
appeal  to  the  county  superintendent;  and  if  the  superintend- 
ent decides  that  the  removal  was  made  without  good  cause, 

e  teacher  so  removed  must  be  reinstated,  and  shall  be  en- 


. 


62  STATE     OF     MONTANA 

titled  to  compensation  for  the  time  lost  during  the  pending  of 
the  appeal. 

806.  Suspension  of  Teachers'  Certificates. 

Should  any  teacher  employed  by  the  board  of  school  trus- 
tees for  a  specified  time,  leave  the  school  before  the  expira- 
tion of  such  time,  without  the  consent  of  the  trustees  in 
writing,  said  teacher  shall  be  guilty  of  unprofessional  con- 
duct, and  the  county  superintendent  may,  upon  receiving 
notice  of  such  fact,  suspend  the  certificate  of  such  teacher 
for  the  period  of  six  months.  Should  such  teacher  be  the 
holder  of  a  state  certificate  or  life  diploma  the  county  super- 
intendent shall  report  the  delinquency  of  the  teacher  to  the 
superintendent  of  public  instruction,  who  may  suspend  said 
diploma  for  the  period  of  one  year. 

807.  School  Month.    Legal  Holidays. 

In  every  contract  between  any  teacher  and  board  of  trus- 
tees, a  school  month  shall  be  construed  as  twenty  school  days, 
or  four  weeks  of  five  days  each,  and  no  teacher  shall  be  re- 
quired to  teach  school  on  a  legal  holiday,  and  no  deduction 
from  the  teachers'  time  or  wages  shall  be  made  by  reason 
of  the  fact  that  a  school  day  happens  to  be  a  legal  holiday. 
Any  contract  made  in  violation  of  this  section  shall  have  no 
force  or  effect  as  against  the  teacher. 

CHAPTER  IX. 

County  Examinations  and  Certificates. 
900.  Examination  of  Teachers. — The  county  board  of  edu- 
cational examiners  shall  hold  public  examinations  of  all  per- 
sons over  eighteen  years  of  age  offering  themselves  as  can- 
didates for  teachers  of  public  schools,  at  the  county  seat,  on 
the  last  Thursday  and  Friday  of  February,  April,  August  and 
October  of  each  year,  and,  when  necessary,  such  examinations 
may  be  continued  on  the  following  day,  at  which  time  the 
board  shall  examine  such  candidates  by  a  series  of  written 
or  printed  questions,  according  to  rules  prescribed  by  the 
state  superintendent  of  public  instruction.  The  questions 
prepared  by  the  state  superintendent  of  public  instruction 
when  received  by  the  county  superintendent  shall  not  be 
opened  or  the  seal  thereof  broken  until  the  day  of  examina- 
tion and  then  in  the  presence  of  the  applicants.  And  the 
county  superintendent  is  prohibted  from  furnishing  or  giving 
to  any  person  or  persons  any  information  concerning  the 


GENERAL    SCHOOL     LAW  63 

questions  prepared  by  the  state  superintendent.  If  the  per- 
centage of  correct  answers  is  not  less  than  70%  in  any  one 
branch  with  a  general  average  of  80%,  and  other  evidence 
disclosed  by  the  examination  including  particularly  the 
board's  knowledge  and  information  of  the  candidate's  scholar- 
ship and  successful  experience,  indicates  that  the  applicant 
is  a  person  of  good  moral  character  and  possesses  ability  to 
manage,  and  fitness  to  teach  in  the  public  schools  of  the  state 
the  various  branches  required  by  law,  said  board  shall  grant 
to  such  applicant  a  certificate  of  qualification,  provided  that 
no  certificate  shall  be  granted  to  any  person  who  is  not  a 
citizen  of  the  United  States  or  who  has  not  declared  his  in- 
tention to  become  a  citizen. 

If  the  attendance  upon  any  examination  of  teachers  at  the 
county  seat  shall  work  a  great  hardship  to  any  teacher  in 
the  county,  the  county  superintendent,  upon  the  approval  of 
the  state  superintendent,  may  provide  for  such  teachers  to 
take  the  examination  at  some  convenient  place,  and  the 
county  superintendent  may  appoint  some  suitable  person  *to 
conduct  such  examination,  under  the  rules  and  regulations 
prescribed  by  the  state  superintendent  of  public  instruction. 

901.  County  Board  of  Educational  Examiners. 

In  each  county  there  shall  be  a  board  of  county  examiners 
composed  of  the  county  superintendent  of  schools  who  shall 
be  ex-officio  chairman  of  the  board,  and  two  competent  per- 
sons to  be  appointed  by  the  board  of  county  commissioners, 
who  at  the  time  of  their  appointment  shall  be  residents  of 
the  county  and  shall  have  been  actively  engaged  in  teaching 
for  a  period  of  at  least  eighteen  months.  Two  members  of 
this  board  shall  constitute  a  quorum  for  the  transaction  of 
business.  If  vacancies  occur  in  these  positions  during  the 
terms  for  which  their  incumbents  were  appointed,  their  suc- 
cessors shall  be  appointed  to  serve  during  their  unexpired 
terms  only.  Upon  the  expiration  of  the  regular  terms  of 
either  of  these  examiners  his  successor  shall  be  appointed  to 
serve  for  two  years. 

902.  Qualifications  of  County  Board  of  Educational  Ex- 
aminers.— Such  examiners  at  the  time  of  their  appointment 
must  be  holders  of  Montana  professional  county  certificates, 
or  state  certificates,  or  life  diplomas,  or  diplomas  from  the 
State  University,  State  Normal  College,  or  State  College  of 

griculture  and  Mechanic  Arts,  or  holders  of  diplomas  as 


. 


64  STATE     OF     MONTANA 

graduates  from  some  reputable  university,  college  or  normal 
school  other  than  those  of  Montana.  These  examiners  shall 
qualify  for  their  positions  in  the  same  form  and  manner  re- 
quired for  the  qualification  of  all  county  superintendents. 

903.  Duties  of  County  Board  of  Educational  Examiners. — 
The  duties  of  these  two  examiners  shall  be  to  act  jointly 

and  equally  with  the  county  superintendent  in  the  matter  of 
conducting  the  examination  of  teachers  and  in  the  marking 
and  grading  of  papers  submitted  to  them  as  the  results  of 
the  examination.  This  board  of  examiners  shall  also  conduct 
all  eighth  grade  examinations  in  their  respective  counties 
when  requested  to  do  so  by  the  state  board  of  education  under 
their  rules  and  regulations;  and  it  shall  be  empowered  to 
grant  eighth  grade  diplomas  or  common  school  certificates  to 
all  examinees  successfully  passing  such  examination. 

904.  Compensation  of  Board  of  Examiners. — The  compen- 
sation of  these  examiners  shall  be  their  actual  traveling  ex- 
penses from  their  residences  to  and  from  the  county  seat  or 
other  point  in  the  county  where  the  examinations  are  held, 
and  such  further  compensation  per  diem  as  the  board  of 
county  commissioners  may  deem  just  and  sufficient  for  their 
services,  basing  such  compensation  upon  the  actual  quantity 
of  work  performed  by  them  and  the  actual  time  required  to 
perform  it. 

905.  CERTIFICATES. 
1.     Kinds. 

(a)  Second  Grade. — To  secure  a  second  grade  certificate, 
no  experience  is  required.     Applicants  for  this  grade  must 
present  evidence  of  good  moral  character  and  physical  health 
and  shall  pass  an  examination  in  the  following  branches,  or 
such  additional  branches  as  may  hereafter  be  prescribed  by 
the  State  Bord  of  Education;  reading,  writing,  arithmetic, 
spelling,  grammar,  geography,  physiology  and  hygiene,  United 
States  history,  civics,    (state  and  federal),  and  theory  and 
practice  of  teaching.     This  certificate  shall  be  valid  for  a 
period  of  eighteen  months,  and  on  being  endorsed  and  regis- 
tered in  the  office  of  the  county   superintendent,   shall  be 
valid  in  any  county  in  the  state. 

(b)  First  Grade. — To  secure  a  first  certificate,  the  appli- 
cant  must  present   evidence   of   good   moral   character   and 
physical  health,  must  have  had  twelve  months'  successful  ex- 


GENERAL    SCHOOL    LAW  65 

perience  as  a  teacher,  and  must  in  addition  to  the  branches 
required  for  a  second  grade  certificate,  take  an  examination 
in  American  literature,  physical  geography,  elementary  alge- 
bra through  quadratics,  and  school  management  or  such  other 
branches  as  may  be  prescribed  by  the  State  Board  of  Educa- 
tion. This  certificate  shall  be  issued  for  a  period  of  three 
years  and  shall  be  valid  in  any  county  on  being  endorsed  and 
registered  in  the  office  of  the  county  superintendent. 

(c)  Professional. — To    secure    a    professional    certificate 
the  applicant  must  present  evidence  of  good  moral  character 
and  physical  health,  must  have  had  at  least  eighteen  months' 
successful  experience  as  a  teacher,  and  in  addition  to  the 
branches  required  for  a  first  grade  certificate,  must  pass  an 
examination    in    physics,    plane    geometry    and    elementary 
psychology.    This  certificate  shall  be  issued  for  a  period  of 
four  years  and  shall  be  valid  in  any  county  on  being  endorsed 
and  registered  in  the  office  of  the  county  superintendent  of 
schools. 

(d)  Temporary   Certificate. — The   county   superintendent 
may  grant  a  temporary  certificate  to  teach  until  next  regular 
examination  to  any  person  applying  at  any  other  time  than 
at  a  regular  examination,  and  who  has  previously  held  a  valid 
certificate  to  teach,  but  such  temporary  certificate  shall  not 
be  granted  more  than  once  to  the  same  person ;  provide,  that 
when  it  is  impossible  because  of  sickness  or  other  valid  rea- 
sons for  such  teacher  to  attend  the  next  regular  examination, 
such  teacher  shall  certify  the  facts  to  the  county  board  of 
educational  examiners,  and  this  board  may  issue  a  second 
permit  valid  until  the  next  regular  examination,  provided, 
further,  that  when  a  teacher  shows  special  fitness  to  teach 
and  passes  at  the  examination  70%  or  above  in  all  subjects, 
but  fails  to  make  an  average  of  80%,  or  secures  an  average 
of  80%  for  all  branches,  but  fails  to  make  70%  in  one  or  two 
branches,  such  teacher  may,  at  the  discretion  of  the  county 
board  of  educational  examiners,  be  issued  a  permit  to  teach 
until  the  next  regular  examination;  and  at  such  examination 
no  teacher  shall  be  required  to  be  examined  in  any  branch  in 
which  she  has  obtained  a  grade  of  80%.   Such  a  permit  shall 
not  be  issued  to  any  teacher  more  than  once. 

(e)  Special  Certificates. — Upon  the  request  of  any  board 
of  school  district  trustees,  or  its  representatives  or  any  county 
superintendent  of  schools,  a  special  certificate  valid  only  in 


66  STATE     OF     MONTANA 

the  district  requesting  the  same,  may  be  granted  by 
the  state  superintendent  of  public  instruction,  in  music, 
drawing,  elocution,  physical  culture,  penmanship,  manual 
training,  domestic  science,  agriculture,  commercial  and  kin* 
dred  subjects,  first  three  primary  and  kindergarten  grades  to 
any  teacher  who  presents  satisfactory  evidence  of  special 
proficiency  for  teaching  any  of  the  above  subjects,  as  shown 
by  any  certificate  and  credentials  held  by  such  teacher,  on 
the  payment  of  one  ($1.00)  dollar  into  the  county  institute 
fund;  provided,  that  such  special  certificate  shall  be  valid 
only  for  one  year  and  shall  entitle  the  holder  to  teach  only 
such  special  subjects  as  are  stated  in  said  certificates;  pro- 
vided, that  all  certificates  or  diplomas  before  they  shall  be 
valid  in  any  county  must  be  registered  in  the  office  of  the 
county  superintendent  within  ten  days  after  the  term  of  ser- 
vice of  any  teacher  begins ;  and  not  more  than  ten  days'  salary 
shall  be  paid  any  teacher  for  services  rendered  previous  to 
the  registration  of  such  certificate  or  diploma  and  provided 
that  such  special  certificates  shall  be  referred  to  the  State 
Board  of  Education  for  further  approval. 

2.  Fees  for  Certificates. — Every  applicant  for  a  county 
certificate  shall  pay  one  dollar  to  the  county  superintendent, 
which  shall  be  used  by  him  in  the  support  of  teachers'  insti- 
tutes in  the  county. 

3.  Re-canvass  of  Papers  on  Appeal. — Any  candidate  think- 
ing an  injustice  has  been  done,  by  paying  a  fee  of  two  dollars 
into  the  institute  fund  of  the  county  and  by  notifying  both 
county  and  state  superintendent  of  the  same,  shall  have  his 
papers   re-examined  by  the  state   superintendent   of   public 
instruction.   The  county  superintendent  shall  upon  receipt  of 
such  notice  from  said  complaining  candidate,  transfer  said 
papers  to  the  state  superintendent  of  public  instruction,  who 
shall  re-examine  the  same  and  if  the  answers  warrant  it,  shall 
instruct  the  county  board  of  educational  examiners  to  issue 
to  such  complaining  candidate  a  county  certificate  of  proper 
grade,  and  the  county  superintenedent  shall  carry  out  such 
instruction  and  return  the  appeal  fee  of  two  dollars  to  the 
teacher. 

4.  Revocation  of  Certificates. — The  county  superintendent 
is  authorized  and  required  to  revoke  and  annul,  at  any  time, 
any  county  certificate  granted  by  any  board  of  educational 
examiners  for  any  cause  which  would  have  authorized  or  re- 


GENERAL    SCHOOL    LAW  67 

quired  the  board  to  refuse  to  grant  it  if  known  at  the  time 
it  was  granted,  and  for  incompetency,  immorality,  intemper- 
ance, physical  inability,  crime  against  the  stafe  law,  refusal 
to  perform  his  duty  or  general  neglect  of  the  business  of  the 
school.  The  revocation  of  the  certificate  shall  terminate  the 
employment  of  such  teacher  in  the  school  in  which  he  may 
at  the  time  be  employed,  but  the  teacher  must  be  paid  up  to 
the  time  of  receiving  notice  of  such  revocation. 

906.  Renewals. — Before  the  expiration  of  any  professional 
or  first  grade  certificate,  such  certificate  shall  be  renewed 
by   the   county   board   of   educational   examiners,    upon   the 
proper  fee  being  paid  into  the  institute  fund,  as  provided  for 
in  the  case  of  examination;  provided,  that  no  professional  or 
first  grade  certificate  shall  be  renewed  unless  the  applicant 
has  taught  successfully,  as  shown  by  two  or  more  testimonials, 
at  least,  twelve  months  during  the  life  of  such  certificate. 
Said  professional  or  first  grade  certificate  shall  be  renewed 
by  any  county  board  of  educational  examiners  by  endorsement 
thereon. 

907.  Higher  Grade  Certificate — How  Secured. — Whenever 
application  is  made  by  a  holder  of  an  unexpired  first  grade  or 
second   grade   county   certificate   for   examination    for    any 
higher  grade  county  certificate,  and  it  shall  be  made  to  appear 
to  any  board  of  educational  examiners  that  such  applicant  has 
been  engaged  in  teaching  successfully,  as  shown  by  two  or 
more  testimonials,  in  any  of  the  public  schools  of  the  state  for 
a  period  of  twelve  months  or  more,  the  said  applicant  shall 
be  entitled  to  be  credited  on  such  higher  certificate  in  all  sub- 
jects in  which  he  has  received  80%  or  above,  as  shown  on  the 
said  unexpired  certificate,  and  shall  not  be  required  to  be  ex- 
amined in  any  studies  except  the  additional  ones  prescribed 
for  such  certificates  and  such  other  studies  in  which  he  may 
not  have  secured  80%  on  his  unexpired  certificate. 

908.  Normal   School   Credits   Acknowledged. — Any   appli- 
cant for  any  grade  of  county  certificate  who  has  completed 
at  the  Montana  State  Normal  College  any  branch  for  such 
certificate,  shall  upon  filing  with  the  county  board  of  educa- 
tional examiners   a   statement   from   the   president   of   said 
Normal  College  to  that  effect,  have  such  grade  credited  with- 
out examination  on  such  certificate. 

909.  Existing    Certificates    Validated. — Any    person    now 
holding  a  professional  grade  certificate,  a  first  grade  certifi- 


68  STATE     OF     MONTANA 

cate,  a  second  grade  certificate,  or  a  third  grade  certificate 
shall  be  permitted  to  teach  thereunder  during  the  life  of  such 
certificate ;  and  any  person  now  holding  a  professional  or  first 
grade  certificate  may  have  the  same  renewed  by  the  county 
superintendent  upon  the  proper  fee  being  paid  into  the  insti- 
tute fund  as  provided  for  in  the  case  of  examination;  pro- 
vided, that  there  shall  be  no  limit  to  the  possible  number  of 
such  renewals.  No  such  certificate  shall  be  renewed  unless 
the  applicant  has  taught  at  least  ten  months  during  the  life 
of  such  certificate.  Whenever  application  is  made  by  any 
person  now  holding  an  unexpired  first  grade,  second  grade, 
or  third  grade  Montana  certificate  for  examination  for  any 
higher  grade  certificate  provided  for  in  this  Act,  and  it 
shall  be  made  to  appear  to  the  county  superintendent  that 
such  applicant  has  been  engaged  in  teaching  in  any  of  the 
public  schools  of  the  state  for  a  period  of  one  year  or  more, 
said  applicant  shall  be  entitled  to  be  credited  with  the  per- 
centage on  his  last  examination  for  said  first,  second,  or 
third  grade  certificate,  as  the  case  may  be,  and  shall  not  be 
required  to  be  examined  in  any  studies  except  the  additional 
ones  prescribed  for  such  certificate  and  such  other  studies 
as  the  applicant  may  not  have  secured  the  required  percent- 
age on^ previous  examination;  provided,  that  to  excuse  any 
person  now  holding  a  certificate  from  taking  the  examination 
upon  any  branch  of  any  grade,  he  or  she  must  have  secured 
upon  such  branch,  at  his  or  her  last  previous  examination  at 
least  80%. 

910.  Principals'  and  High  School  Teachers'  Certificates.— 
No  person  shall  be  employed  as  a  teacher  in  a  high  school 
or  as  the  principal  teacher  of  a  school  of  more  than  three 
departments  who  is  not  the  holder  of  a  professional  county 
certificate  or  a  Montana  state  or  life  certificate,  or  who  is  not 
a  graduate  of  some  reputable  university,  college,  or  normal 
school  recognized  by  the  State  Board  of  Education. 

CHAPTER   X. 

Teachers'  Institutes  and  Summer  Schools. 
1000.  Teachers  Institutes  to  Be  Held  Yearly.— The  county 
superintendent  in  every  county  must  hold  one  teachers'  insti- 
tute in  each  year,  at  the  county  seat,  except  as  hereinafter 
provided,  and  every  teacher  employed  in  a  public  school  in 
the  county  must  attend  the  institute  and  participate  in  its 


GENERAL    SCHOOL    LAW  69 

proceedings  except  as  hereinafter  provided;  provided,  that 
whenever  the  state  superintendent  and  two  or  more  county 
superintendents  deem  it  advisable,  a  joint  institute  consisting 
of  the  teachers  of  two  or  more  counties,  may  be  held  at  any 
convenient  place  within  such  counties  to  be  selected  and 
agreed  upon  by  their  superintendents. 

1001.  Length  of  Session. — Each  session  of  the  institute 
must  continue  not  less  than  four  nor  more  than  ten  days. 

1002.  Institute     Instructors. — The     instructors     for     the 
county  institutes  and  summer  schools  shall  be  selected  by 
the  county  superintendent  from  a  list  recommended  upon  the 
approval  of  the  State  Board  of  Education  by  the  state  super- 
intendent.   No  instructor  shall  receive  any  compensation  un- 
less he  is  the  holder  of  an  institute  instructor's  license  issued 
by  the  state  board  of  education. 

1003.  Teachers  Must  Attend. — The  county  superintendent 
shall  confer  with  the  state  superintendent,  and  on  his  ap- 
proval, appoint  a  time  for  holding  the  teachers'  institute  in 
his  county.    It  shall  be  his  duty  to  give  written  notice  of  the 
time  and  place  in  his  county,  and  to  all  the  teachers  of  the 
county,  at  least  thirty  days  before  the  opening  of  such  in- 
stitute.   It  shall  be  the  duty  of  all  boards  of  school  trustees 
through  their  clerks,  to  notify  each  and  all  of  the  teachers 
within  their  districts  of  the  time  and  place  of  holding  the 
institute  and  to  direct  each  and  all  of  their  teachers  to  close 
their  several  schools  for  the  purpose  of  attending  the  insti- 
tute.    Each  and  every  teacher  engaged  in  teaching  a  term 
of  school  in  any  district  during  the  time  of  the  institute  shall 
close  his  school  during  such  time  and  shall  attend  the  in- 
stitute and  take  active  part  in  the  same  except  as  herein- 
after provided,  without  loss  of  salary  for  the  actual  time 
spent  in  attending  the  institute  and  for  the  actual  time  spent 
in  going  to  and  returning  from  the  same.    The  county  super- 
intendent shall  in  all  cases  keep  and  preserve  a  record  of  the 
actual  time  spent  by  each  teacher  of  his  county  at  the  insti- 
tute and  shall  furnish  both  to  each  teacher  and  to  his  board 
of  school  trustees  a  certificate  of  the  time  spent  by  said  teach- 
ers at  the  institute.  Wilful  failure  on  the  part  of  any  teacher 
to  attend  the  institute,  except  as  hereinafter  provided,  shall 
be  considered   sufficient  cause   for  the  revocation   of   such 
teacher's  certificate  by  the  county  superintendent;  provided, 
however,  that  the  county  superintendent  may,  in  his  discre- 


70  STATE    OF     MONTANA 

tion,  excuse  any  teacher  from  attending  the  institute  who 
could  not  attend  same  without  great  and  excessive  incon- 
venience, cost,  expense,  and  loss  of  time.  Willful  failure  on 
the  part  of  the  board  of  school  trustees  of  any  school  district 
to  close  their  schools,  during  the  time  of  the  holding  of  the 
institute  as  herein  required,  shall  be  considered  sufficient 
cause  for  withholding  the  public  moneys  to  which  such  dis- 
trict would  otherwise  be  entitled;  provided,  however,  that,  in 
the  case  of  boards  of  school  trustees  as  in  the  case  of  teach- 
ers the  great  distance  of  any  school  district  from  the  place 
of  holding  the  institute,  excessive  loss  of  time,  inconvenience, 
and  cost  shall  be  considered  good  grounds  on  which  the  county 
superintendent,  under  authority  and  direction  from  the  state 
superintendent,  may  excuse  any  board  of  school  trustees  from 
closing  their  school  at  such  times  and  from  observing  the 
above  requirements. 

1004.  High    School   Teachers    Exempt.— All    high    school 
teachers  are  hereby  exempt  from  the  requirements  of  this 
chapter. 

1005.  Institute  and  Summer  School  Fund. — For  the  pur- 
pose of  defraying  the  expenses  of  the  institute  there  shall  be 
a  fund  created  as  follows: 

1.  All  moneys  received  from  the  issuance  of  teachers*  cer- 
tificates by  the  county  superintendent. 

2.  Moneys    received   from    appropriations    by    boards    of 
county  commissioners;  and  every  board  of  county  commis- 
sioners in  each  county  in  which  a  teachers'  institute  or  sum- 
mer school  may  be  held  is  hereby  authorized  and  directed  to 
appropriate  for  said  fund  as  follows : 

Counties  of  the  first  class  not  less  than  $250  nor  more 
than  $450.  Counties  of  the  second  class  not  less  than  $250 
nor  more  than  $400.  Counties  of  the  third,  fourth,  fifth  and 
sixth  classes  not  less  than  $200  nor  more  than  $350.  Coun- 
ties of  the  seventh  and  eighth  classes,  not  less  than  $150  nor 
more  than  $300. 

1006.  Summer  Schools. 

1.  In  any  county  or  counties  of  the  state  the  county  su- 
perintendent or  superintendents  by  mutual  agreement  of  such 
superintendents,  acting  with  the  advice  and  consent  of  the 
state  superintendent,  may  hold  a  summer  school  for  teachers 
not  less  than  three  weeks  in  length  for  such  county  or  coun- 


GENERAL    SCHOOL    LAW  71 

ties  in  lieu  of  an  institute  or  institutes  for  such  year  and  the 
boards  of  county  commissioners  of  each  county  shall  appro- 
priate for  such  summer  school  support  in  like  sum  as  is  here- 
inbefore provided  for  in  the  case  of  teachers'  institutes. 

2.  It  shall  be  the  duty  of  the  state  superintendent  to  pre- 
pare and  prescribe  a  course  of  study  for  use  in  such  summer 
schools. 

3.  Students  of  summer  schools  may  have  such  work  as  is 
satisfactorily  done  credited  on  their  certificates.    Any  teacher 
presenting  a  certificate  of  attendance  on  any  summer  school 
within  or  without  the  state  approved  by  the  county  superin- 
tendant  may  be  excused  from  institute  attendance  within  the 
county  where  he  may  be  teaching. 

1007.  Expenses  of  Institutes  and  Summer  Schools. — The 
county  superintendent  must  keep  an  accurate  account  of  the 
actual  expenses  of  summer  schools  or  institutes,  with  vouch- 
ers for  the  same,  and  present  the  bill  to  the  county  commis- 
sioners, who  shall  allow  the  same ;  provided,  that  such  amount 
shall  not  exceed  the  sum  specified  as  hereinbefore  provided. 

CHAPTER  XL 
Compulsory  Attendance. 

1100.  Compulsory  Attendance.  Excuses. — All  parents, 
guardians,  and  other  persons  who  have  care  of  children,  shall 
instruct  them,  or  cause  them  to  be  instructed  in  reading, 
spelling,  writing,  language,  English  grammar,  geography, 
history  and  civics,  physiology  and  hygiene  and  arithmetic. 
Every  parent,  guardian  or  other  person  having  charge  of  any 
child  between  the  ages  of  eight  and  fourteen  years  shall  send 
such  child  to  a  public,  private,  or  parochial  school,  for  the  full 
time  that  the  school  attended  is  in  session,  which  shall  in  no 
case  be  less  than  sixteen  weeks  during  any  current  year,  and 
said  attendance  shall  begin  within  the  first  week  of  the  school 
term,  unless  the  child  is  excused  from  such  attendance  by 
the  superintendent  of  the  public  schools,  in  city  and  other 
districts  having  such  superintendent,  or  by  the  clerk  of  the 
board  of  trustees  in  districts  not  having  such  superintedent, 
or  by  the  principal  of  the  private,  or  parochial  school,  upon 
satisfactory  showing,  either  that  the  bodily  or  mental  condi- 
tion of  the  child  does  not  permit  of  its  attendance  at  school, 
or  that  the  child  is  being  instructed  at  home  by  a  person 
qualified,  in  the  opinion  of  the  superintendent  of  schools  in 


72  STATE     OF     MONTANA 

city  or  other  districts  having  such  superintendent,  or  the 
clerk  of  the  board  of  trustees  in  districts  not  having  such 
superintendent,  to  teach  the  branches  named  in  this  section; 
provided,  that  the  county  superintendent  may  excuse  children 
from  attendance  upon  such  schools  where  in  his  judgment  the 
distance  makes  such  attendance  an  undue  hardship.  In  case 
the  county  superintendent,  city  superintendent,  principal  or 
clerk  refuses  to  excuse  a  child  from  attendance  at  school,  an 
appeal  may  be  taken  from  such  decision  to  the  district  court 
of  the  county,  upon  giving  a  bond,  within  ten  days  after  such 
refusal,  to  the  approval  of  said  court,  to  pay  all  costs  of  the 
appeal,  and  the  decision  of  the  district  court  in  the  matter 
shall  be  final.  All  children  between  the  ages  of  fourteen  and 
sixteen  years,  not  engaged  in  some  regular  employment,  shall 
attend  school  for  the  full  term  during  which  the  school  of  the 
district  in  which  they  reside  are  in  session  during  the  school 
year,  unless  excused  for  the  reason  above  named.  Any  par- 
ent, guardian  or  other  person  having  the  care  of  or  custody 
of  a  child  between  the  ages  of  eight  and  fourteen  years,  who 
shall  fail  to  comply  with  the  provisions  of  this  section,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  twenty  dollars. 

1101.  Employment  of  Children  Under  Fourteen  Prohibited. 
— No  child  under  fourteen  years  of  age  shall  be  employed  or 
be  in  the  employment  of  any  person,  company  or  corporation 
during  the  school  term  and  while  the  public  schools  are  in 
session,  unless  such  child  shall  present  to  such  person,  com- 
pany or  corporation  an  age  and  schooling  certificate  herein 
provided  for.  An  age  and  schooling  certificate  shall  be  ap- 
proved by  the  superintendent  of  schools  or  by  a  person  au- 
thorized by  him,  in  city  or  other  districts  having  such  super- 
intendent, or  by  the  clerk  of  the  board  of  trustees  in  dis- 
tricts not  having  such  superintendent,  upon  a  satisfactory 
proof  of  the  age  of  such  minor  and  that  he  has  successfully 
completed  the  studies  enumerated  in  Section  1100  of  this 
chapter ;  or  if  between  the  ages  of  fourteen  and  sixteen  years, 
a  knowledge  of  his  or  her  ability  to  read  intelligently  and 
write  legibly  the  English  language.  The  age  and  schooling 
certificate  shall  be  formulated  by  the  superintendent  of  pub- 
lic instruction  and  the  same  furnished,  in  blank,  by  the  clerk 
of  the  board  of  trustees.  Every  person,  company,  or  corpora- 


GENERAL    SCHOOL    LAW  73 

tion  employing  any  child  under  sixteen  years  of  age,  shall 
exact  the  age  and  schooling  certificate  prescribed  in  this  sec- 
tion, as  a  condition  of  employment  and  shall  keep  the  same 
on  file,  and  shall  upon  the  request  of  the  truant  officer  here- 
inafter provided  for,  permit  him  to  examine  such  age  and 
schooling  certificate.  Any  person,  company  or  corporation, 
employing  any  minor  contrary  to  the  provisions  of  this  chap- 
ter shall  be  fined  not  less  than  twenty-five  nor  more  than 
fifty  dollars  for  each  and  every  offense. 

1102.  Employment    of    Children    Between    Fourteen    and 
Sixteen.    All  minors  over  the  age  of  fourteen  and  under  the 
age  of  sixteen  years,  who  cannot  read  and  write  the  English 
language  shall  be  required  to  attend  school  as  provided  in 
Section  1100  of  this  chapter,  and  all  provisions  of  said  sec- 
tion shall  apply  to  said  minors;  provided,  that  such  attend- 
ance shall  not  be  required  of  such  minors  after  they  have 
secured  a  certificate  from  the  superintendent  of  schools  in 
districts  having  superintendents,  or  the  clerk  of  the  board  of 
trustees  in  districts  not  having  superintendents,  that  they 
can  read,  and  write  the  English  language.     No  person,  com- 
pany, or  corporation,  shall  employ  any  such  minor  during  the 
time  schools  are  in  session,  or  having  such  minor  in  their 
employ  shall  immediately  cease  such  employment,  upon  notice 
from  the  truant  officer  who  is  hereinafter  provided.     Every 
person,  company  or  corporation  violating  the  provisions  of 
this  section,  shall  be  fined  not  less  than  twenty-five  nor  more 
than  fifty  dollars  for  each  and  every  offense. 

1103.  Truant  Officers.     Powers  and  Duties. — To  aid  in  the 
enforcement  of  this  Act,  truant  officers  shall  be  appointed 
and  employed  as  follows :    In  districts  of  the  first  and  second 
classes  the  board  of  trustees  shall  appoint  and  employ  one  or 
more  truant  officers ;  in  districts  of  the  third  class,  the  trus- 
tees shall  appoint  if  they  deem  it  advisable,  a  constable  or 
other  person  as  truant  officer;  in  districts  not  appointing  a 
truant  officer,  it  shall  be  the  duty  of  the  county  superintend- 
ent to  act  as  truant  officer.    The  compensation  of  the  truant 
officer  shall  be  fixed  and  paid  by  the  board  appointing  him. 
The  truant  officer  shall  be  vested  with  police  powers,  the  au- 
thority to  serve  warrants,  and  have  authority  to  enter  work- 
shops, factories,  stores,  and  all  other  places  where  children 
may  be  employed,  and  do  whatever  may  be  necessary,  in  the 
way  of  investigation  or  otherwise  to  enforce  the  provisions 


74  STATE     OF     MONTANA 

of  this  chapter ;  he  is  also  authorized  and  it  shall  be  his  duty 
to  take  into  custody  the  person  of  any  youth  between  eight 
and  fourteen  years  of  age,  or  between  fourteen  and  sixteen 
years  of  age  when  not  regularly  employed  or  when  unable  to 
read  and  write  the  English  language,  who  is  not  attending 
school,  and  shall  conduct  said  youth  to  the  school  he  has  been 
attending,  or  which  he  should  rightfully  attend.  The  truant 
officer  shall  institute  proceedings  against  any  officer,  parent, 
guardian,  person,  or  corporation,  violating  any  provisions  of 
this  chapter  and  perform  such  other  services  as  the  super- 
intendent of  schools  or  the  board  of  trustees  may  deem  neces- 
sary to  preserve  the  morals  and  secure  the  good  conduct  of 
school  children  and  to  enforce  the  provisions  of  this  chapter. 
The  truant  officer  shall  keep  a  record  of  his  transactions  for 
the  inspection  and  information  of  the  superintendent  of  the 
schools  and  the  board  of  trustees;  and  he  shall  make  daily 
reports  to  the  superintendent  of  schools  during  the  school 
term  in  districts  having  superintendents,  and  to  the  clerk  of 
the  board  of  trustees  in  districts  not  having  superintendents 
as  often  as  required  by  him.  Suitable  blanks  for  the  use 
of  the  truant  officer  shall  be  provided  by  the  clerk  of  the 
board  of  trustees. 

1104.  Duties  of  Principals.    Teachers  and  Clerks. — It  shall 
be  the  duty  of  all  principals,  and  teachers  of  all  schools,  pub- 
lic, private  and  parochial,  to  report  to  the  clerk  of  the  board 
of  trustees  of  the  district  in  which  the  schools  are  situated, 
the  names,  ages,  and  residence  of  all  pupils  in  attendance  at 
their  schools,  together  with  such  other  facts  as  said  clerk  may 
require,  in  order  to  facilitate  the  carrying  out  of  the  pro- 
visions of  this  chapter  and  the  clerk  shall  furnish  blanks  for 
such  purpose,  and  such  report  shall  be  made  during  the  last 
week  of  each  month  from  September  to  June  inclusive,  of  each 
year.     It  shall  be  the  further  duty  of  such  principals  and 
teachers  to  report  to  the  truant  officer,  the  superintendent  of 
public  schools,  or  the  clerk  of  the  board  of  trustees,  as  the 
case  may  be,  all  cases  of  truancy  or  incorrigibility  in  their  re- 
spective schools  as  soon  after  these  offenses  have  been  com- 
mitted, as  practicable. 

1105.  Prosecution  of  Truants. — On  request  of  the  superin- 
tendent of  schools,  or  the  board  of  trustees,  or  when  it  other- 
wise comes  to  his  notice,  the  truant  officer  shall  examine  into 
any  case  of  truancy  or  non-attendance  within  his  district,  and 


GENERAL    SCHOOL    LAW  75 

warn  said  truant  or  non-attendant  and  his  parent,  guardian, 
or  other  person  in  charge,  in  writing,  of  the  final  consequence 
of  truancy  or  non-attendance  if  persisted  in.  When  any  child 
between  the  ages  of  eight  and  fourteen  years  or  any  child 
between  the  ages  of  fourteen  and  sixteen  years  who  cannot 
read  and  write  the  English  language,  or  who  is  not  regularly 
employed,  is  not  attending  school  in  violation  of  the  provisions 
of  this  chapter  the  truant  officer  shall  notify  the  parent, 
guardian  or  other  person  in  charge  of  such  child,  of  the  fact, 
and  require  such  parent,  guardian  or  other  person  in  charge, 
to  cause  the  child  to  attend  some  recognized  school  within 
two  days  from  the  date  of  the  notice ;  and  it  shall  be  the  duty 
of  the  parent,  guardian,  or  other  person  in  charge  of  the 
child,  so  to  cause  its  attendance  at  some  recognized  school. 
Upon  failure  to  do  so  the  truant  officer  shall  make  complaint 
against  the  parent,  guardian  or  other  person  in  charge  of  the 
child  in  any  court  of  competent  jurisdiction  in  the  district  in 
which  the  offense  occurs,  for  such  failure,  and  upon  such  con- 
viction, the  parent,  guardian,  or  other  person  in  charge  shall 
be  fined  not  less  than  five  dollars,  nor  more  than  twenty  dol- 
lars, or  the  court  may  in  its  discretion,  require  the  person  so 
convicted  to  give  bond  in  the  penal  sum  of  one  hundred  dol- 
lars, with  sureties,  to  the  approval  of  the  court,  conditioned 
that  he  or  she  will  cause  the  child  under  his  or  her  charge  to 
attend  some  recognized  school  within  two  days  thereafter  and 
to  remain  at  such  school  during  the  term  prescribed  by  law; 
and  upon  the  failure  or  refusal  of  any  parent,  guardian,  or 
other  person  to  pay  said  fine  and  costs  or  furnish  said  bond 
according  to  the  order  of  the  court,  then  said  parent,  guardian 
or  other  person  shall  be  imprisoned  in  the  county  jail  not  less 
than  ten  days  nor  more  than  thirty  days. 

1106.  Juvenile  Disorderly  Persons. — Every  child  between 
the  ages  of  eight  and  fourteen  years  and  every  child  between 
the  ages  of  fourteen  and  sixteen  years  unable  to  read  and 
write  the  English  language,  or  not  engaged  in  some  regular 
employment  and  who  is  an  habitual  truant  from  school,  or 
who  absents  itself  habitually  from  school,  or  who  while  in  at- 
tendance at  any  public,  private,  or  parochial  school,  is  in- 
corrigible, vicious,  or  immoral,  in  conduct,  or  who  habitually 
wanders  about  the  streets  and  public  places  during  school 
hours,  having  no  business  or  lawful  occupation,  shall  be 


J 


76  STATE     OF     MONTANA 

deemed  a  juvenile  disorderly  person  and  be  suject  to  the  pro- 
vision of  this  chapter. 

1107.  Commitment  to  Industrial  School. — If  the  parent, 
guardian,    or   other   person    in    charge   of   any    child,    shall 
upon  the  complaint  under  the  last  section  for  a  failure  to 
cause  the  child  to  attend  a  recognized  school,  prove  inability 
to  do  so,  then  he  or  she  shall  be  discharged  and  thereupon  the 
truant   officer   shall    make   complaint   that   the    child    is    a 
juvenile  disorderly  person  within  the  meaning  of  Section  1106 
of  this   chapter.      If   such   complaint   is    made    before    any 
mayor,  justice  of  the  peace  or  police  judge,  it  shall  be  certi- 
fied by  such  magistrate  to  the  district  court  in  and  for  the 
county  in  which  the  child  resides  or  to  a  judge  of  said  district 
court.    The  district  court  or  the  judge  thereof  to  whom  the 
same  is  certified  shall  hear  such  complaint  and  if  it  be  de- 
termined that  the  child  is  a  juvenile  disorderly  person  within 
the  meaning  of  Section  1106  of  this  chapter,  the  said  child 
shall  be  committed  by  the  said  court,  or  the  judge  thereof  to 
whom  the  complaint  was  certified,  to  the  industrial  school 
hereinafter  provided  for,  where  he  shall  be  subject  to  all  rules 
and  regulations  of  said  industrial  school;  provided,  further, 
that  if  for  any  cause  the  parent,  guardian,  or  other  person  in 
charge  of  any  juvenile  disorderly  person  as  defined  in  Section 
1106  of  this  chapter  shall  fail  to  cause  such  juvenile  disor- 
derly person  to  attend  school,  then  complaint  against  such 
juvenile  disorderly  person  shall  be  made,  heard  and  determined 
in  like  manner  as  provided  in  case  the  parent  proves  inability 
to  cause  such  juvenile  disorderly  person  to  attend  school. 

1108.  Pauper  Children. — When  any  truant  officer  is  satis- 
fied that  any  child,  compelled  to  attend  school  by  the  pro- 
visions of  this  chapter  is  unable  to  attend  school  because  ab- 
solutely required  to  work,  at  home  or  elsewhere,  in  order  to 
support  itself  or  help  support,  or  care  for  others  legally  enti- 
tled to  its  services,  who  are  unable  to  support  or  care  for 
themselves,  or  who  are  unable  to  attend  school  because  of 
some  physical  ailment,  the  truant  officer  shall  report  the  case 
to  the  authorities  charged  with  the  relief  of  the  poor,  and  it 
shall  be  the  duty  of  said  officers  to  afford  such  relief  as  will 
enable  the  child  to  attend  school  the  time  each  year  required 
under  the  provisions  of  this  chapter.    Such  child  shall  not  be 
considered  or  declared  a  pauper  by  reason  of  the  acceptance 
of  the  relief  herein  provided  for.     In  case  the  child  or  its 


GENERAL    SCHOOL    LAW  77 

parents  or  guardians,  refuses  or  neglects  to  take  advantage  of 
the  provisions  thus  made  for  its  instruction,  such  child  may 
be  committed  to  the  industrial  school  hereinafter  provided 
for.  In  all  cases  where  relief,  including  books,  medical  aid 
and  clothing,  is  necessary  it  shall  be  the  duty  of  the  board 
of  trustees  to  furnish  such  aid  free  of  charge  and  said  board 
of  trustees  may  furnish  any  further  relief  it  may  deem  neces- 
sary, the  expense  incident  to  furnishing  said  books,  medical 
aid,  clothing  and  further  relief  to  be  paid  from  the  general 
fund  of  the  school  district. 

CHAPTER  XII. 
School  Libraries. 

1200.  Library  Fund. — A  library  fund  is  hereby  created, 
and  the  board  of  school  trustees  must  expend  the  library 
fund  together  with  such  moneys  as  may  be  added  thereto  by 
donation,  in  the  purchase  of  books  for  a  school  library,  includ- 
ing books  for  supplementary  work;  provided,,  that  in  school 
districts  in  which  a  free  public  library  is  maintained  such 
library  fund  may,  in  the  discretion  of  the  board  of  trustees, 
be  used  for  the  payment  of  the  current  expenses  for  mainten- 
ance of  the  schools. 

1201.  Districts  of  Third  Class.— -In  districts  of  the  third 
class,  the  library  fund  shall  consist  of  not  less  than  five  nor 
more  than  ten  per  cent  of  the  county  school  fund  annually 
apportioned  to  the  district;  provided,  that  if  such  ten  per 
cent  exceed  fifty  dollars,  fifty  dollars  only  shall  be  appor- 
tioned to  the  district. 

1202.  Districts  of  the  First  and  Second  Classes. — In  dis- 
tricts of  the  first  and  second  classes  the  library  fund  shall 
consist  of  a  sum  not  to  exceed  fifty  dollars  for  every  five  hun- 
dred children  or  major  fraction  thereof,  between  the  ages  of  six 
and  twenty-one  years,  annually  taken  from  the  general  school 
fund  of  the  county  apportioned  to  such  district. 

1203.  Location    and    Control    of    Libraries. — The    library 
shall  be  under  the  control  of  the  board  of  trustees  and  must 
be  kept,  when  practicable,  in  the  school  house,  and  shall  be 
for  the  use  of  the  pupils  and  all  residents  of  the  district. 

1204.  Rules.     Reports. — The   trustees   shall   be   held   ac- 
countable for  the  proper  care  and  preservation  of  the  library, 
and  shall  make  all  needful  rules  and  regulations  not  provided 
for  by  the  superintendent  of  public  instruction,  and  not  incon- 


78  STATE     OF     MONTANA 

sistent  therewith;  and  they  shall  report  annually  to  the 
county  superintendent  all  library  statistics  which  may  be  re- 
quired by  the  blanks  furnished  for  the  purpose  by  of  the 
superintendent  of  public  instruction. 

1205.  Selection  of  Books. — All  books  shall  be  selected  by 
the  county  superintendent  and  school  trustees,  acting  to- 
gether, from  lists  approved  by  the  superintendent  of  public 
instruction.  It  shall  be  the  duty  of  the  county  superintendent 
in  his  visits  to  inspect  the  library  and  to  make  such  sugges- 
tions regarding  its  use  and  care  as  he  may  deem  advisable. 
It  shall  be  the  duty  of  the  superintendent  of  public  instruc- 
tion to  formulate  rules  and  regulations  for  the  school  libraries 
and  furnish  to  the  county  superintendent  from  time  to  time 
such  instruction  and  information  as  will  make  the  use  of  the 
library  most  effective. 

CHAPTER  XIII. 
Legal  Holidays. 

1300.  No  school  shall  be  in  session  on  a  legal  holiday. 
The  days  which  shall  be  recognized  as  legal  holidays  are  La- 
bor Day  (the  first  Monday  in  September),  Columbus  Day  (Oc- 
tober 12),  State  and  National  Election  Day,  Thanksgiving 
Day,  Christmas  Day,  New  Years  Day,  Lincoln's  Birthday 
(February  12),  Washington's  Birthday  (February  22), 
Memorial  Day  (May  30),  Independence  Day  (July  4))  and 
other  days  that  may  hereafter  be  designated  as  legal  holidays 
by  the  legislature  or  governor. 

CHAPTER  XIV. 
Special   Days  Not  Holidays. 
1400.     Pioneer  Day. 

1.  Date  Of. — The  first  Monday  of  November  of  each  year 
shall  be  designated  and  known  as  Pioneer  Day  in  the  State 
of  Montana. 

2.  Exercises  in  Public  Schools. — On  said  Pioneer  Day  in 
the  public  schools  the  afternoon  thereof  shall  be  devoted  to 
the  study  and  discussion  of  pioneers  and  pioneer  history  of 
the  region  and  country  now  comprising  the  State  of  Mon- 
tana. 

3.  Pioneer  Medal. — The  state  board  of  education  is  hereby 
authorized  to  award  annually  its  pioneer  medal  to  the  student 
of  the  public  schools  or  state  institutions  who  shall  on  said 


GENERAL    SCHOOL    LAW  79 

day  deliver  the  best  essay  on  such  subject  of  pioneer  history, 
having  regard  to  historical  research  and  literary  merit. 

4.  Copies  of  Essays  to  Be  Deposited  With  State  Historical 
Library. — Copies  of  such  essays  shall  be  filed  by  the  said 
state  board  of  education  with  the  librarian  of  the  historical 
and  miscellaneous  department  of  the  state  library. 

5.  Courses  of  Exercises. — The  superintendent  of  public  in- 
struction shall  have  power  and  it  shall  be  its  duty  to  prescribe 
from  year  to  year  a  suitable  course  of  exercises  to  be  observed 
in  the  public  schools  of  the  state  on  Pioneer  Day. 

1401.     Tree  Planting. 

1.  Date  Of. — The  second  Tuesday  of  May  in  each  year 
shall  be  known  throughout  the  State  of  Montana  as  Arbor 
Day. 

2.  Arbor  Day  Exercises. — In  order  that  the  children  in 
our  public  schools  shall  assist  in  the  work  of  adorning  the 
school  grounds  with  trees,  and  to  stimulate  the  minds  of  the 
children  toward  the  benefit  of  preservation  and  perpetuation 
of  our  forests  and  the  growing  of  timber,  it  shall  be  the  duty 
of  the  authorities  in  every  public  school  district  in  the  state 
to  assemble  the  childen  in  their  charge  on  the  above  day  in 
the  school  building  or  elsewhere,  as  they  may  deem  proper, 
and  to  provide  for  and  conduct  under  the  general  supervision 
of  the  city  superintendent,  county  superintendent,  teachers 
and  trustees  or  other  school  authorities  having  the  general 
charge  and  oversight  of  the  public  schools  in  each  city  or 
district,  to  have  and  hold  such  exercises  as  shall  tend  to  en- 
courage the  planting,  preservation  and  protection  of  trees  and 
shrubs,  and  an  acquaintance  with  the  best  methods  to  be 
adopted  to  accomplish  such  results. 

3.  Course  of  Exercise. — The  superintendent  of  public  in- 
struction shall  have  power  to  prescribe  from  year  to  year  a 
course  of  exercises  and  instruction  in  the  subject  hereinbefore 
mentioned,  which  shall  be  adopted  and  observed  by  the  said 
public  school  authorities  on  Arbor  Day. 

CHAPTER  XV. 

City  Superintendent  of  Schools. 

1500.  City  Superintendent  of  Schools. — In  districts  of  the 
first  and  second  class  the  board  of  trustees  of  such  districts 
may  appoint  a  superintendent  of  schools  of  the  district.  He 
shall  be  appointed  for  such  term,  not  exceeding  three  years, 


80  STATE     OF     MONTANA 

as  the  board  may  deem  proper  and  be  paid  such  salary  from 
the  general  school  fund  as  is  fixed  by  the  board  of  trustees; 
provided,  that  after  his  second  successive  employment  he  shall 
be  deemed  elected  from  term  to  term  of  three  years  each 
thereafter,  unless  the  board  of  trustees  shall  by  a  majority 
of  the  votes  of  its  members  give  notice  to  such  superintendent 
on  or  before  the  first  of  February  of  the  last  year  of  the 
term  of  his  employment  that  his  services  will  not  be  required 
for  the  ensuing  term. 

1501.  Qualifications. — The  person  appointed  to  such  posi- 
tion shall  be  a  holder  of  a  state  certificate,  of  the  highest 
grade,  issued  in  some  state,  or  a  graduate  of  some  reputable 
university,  college  or  normal  school,  and  shall  have  taught  in 
public  schools  at  least  five  years. 

1502.  Duties. — The  superintendent  shall  have  supervision 
of  the  schools  of  the  district  under  the  supervision  of  board 
of  trustees.     He  shall  be  the  executive  officer  of  the  board 
and  shall  perform  such  duties  as  the  board  of  trustees  may 
prescribe. 

1503.  Certain  Employment  Prohibited. — No  city  superin- 
tendent shall  engage  in  any  work  that  will  conflict  with  his 
duties  as  superintendent. 

CHAPTER  XVI. 
School  House  Sites. 

1600.  Whenever,  in  the  judgment  of  the  board  of  trustees 
of  any  school  district  of  the  third  class,  it  is  desirable  to  se- 
lect, purchase,  exchange  or  sell  a  school  house  site,  or  when- 
ever petitioned  so  to  do  by  one-third  of  the  voters  of  such 
district,  the  district  board,  shall  without  delay  call  a  meeting 
at  some  convenient  time  and  place  fixed  by  the  board,  to  vote 
upon  such  question  of  selection,  purchase,  exchange  or  sale  of 
school  house  site.  Such  election  shall  be  conducted  and  votes 
canvassed  in  the  same  manner  as  at  the  annual  election  of 
school  officers.  Three  notices  giving  the  time,  place,  and  pur- 
pose of  such  meeting  shall  be  posted  in  three  public  places  in 
the  district  by  the  clerk  at  least  ten  days  prior  to  such  meet- 
ing. If  a  majority  of  the  voters  present  at  such  meeting 
shall  by  vote  decide  to  select,  purchase,  exchange  or  sell  the 
school  house  site,  the  board  shall  carry  out  the  will  of  the 
voters  thus  expressed;  provided,  that  it  shall  require  the 
concurrence  of  a  majority  of  the  voters  of  the  district  to 


GENERAL    SCHOOL    LAW  81 

order  the  change  of  a  school  house  site,  and  any  sites  so 
changed  cannot  again  be  changed  within  three  years  from  the 
date  of  such  action. 

The  school  site  shall  be  selected  in  a  place  that  is  con- 
venient, accessible,  suitable,  and  well  drained,  provided  that 
in  districts  of  the  first  and  second  class  the  site  shall  be  not 
less  than  one-half  of  an  average  city  block,  and  in  districts 
of  the  third  class  shall  contain  not  less  than  one  acre.  The 
State  Board  of  Land  Commissioners  shall  have  authority  to 
sell  to  any  school  district  at  the  appraised  value  or  to  lease 
for  any  period  of  time  less  than  ninety-nine  years,  at  a  rental 
of  one  dollar  per  year  any  tract  of  state  land  not  exceeding 
ten  acres,  to  be  used  for  school  house  site. 

1601.  Architecture. — No  school  house  shall  hereafter  be 
erected,  repaired,  or  enlarged  in  any  school  district  of  the 
state  at  an  expense  which  shall  exceed  five  hundred  ($500.00) 
dollars,  until  the  plans  and  specifications  thereof  shall  have 
been  submitted  to  the  State  Board  of  Health,  and  its  approval 
endorsed  thereon;  provided,  that  districts  of  the  second  and 
third  class  shall  also  have  the  approval  of  the  superintendent 
of  public  instruction.     Such  plans   and   specifications   shall 
show  in  detail  the  ventilation,  the  heating  and  lighting  of 
such  building. 

1602.  Floor   Space.    Air.     Light.— The   board    of   health 
shall  not  approve  plans  for  the  erection  of  any  school  building 
or  addition  thereto  or  remodeling  thereof,  unless  the  same 
shall  provide,  (a)  at  least  fifteen  square  feet  of  floor  space 
and  two  hundred  cubic  feet  of  air  space  for  each  pupil  to  be 
accommodated  in  each  study  or  recitation  room  therein;  (b) 
at  least  thirty  cubic  feet  of  pure  air  per  minute  per  pupil 
shall  be  furnished  by  a  satisfactory  ventilating  system,  which 
should  also  provide  means  for  exhausting  the  foul  or  vitiating 
air  from  the  room. 

The  light  shall  come  from  the  left  or  from  the  left  and 
rear  of  each  school  room,  and  the  window  space  shall  be  not 
less  than  one-seventh  of  the  floor  space  of  each  room. 

1603.  Penalties. — The  county  treasurer  shall  not  make  any 
payments  on  any  contract  arising  under  the  provisions  of  this 
chapter  until  the  contractor  furnishes  a  certified  statement 
signed  by  the  State  Board  of  Health  that  the  plans  and  speci- 
fications of  the  school  building  to  be  erected  or  remodeled 
have  been  fully  approved  by  the  State  Board  of  Health. 


82  STATE     OF     MONTANA 

1604.  Suggestive  Plans.— It  shall  be  the  duty  of  the  State 
Board  of  Health  to  furnish  to  all  districts  of  the  third  class 
suggestive  plans  for  school  buildings  to  be  erected  in  con- 
formity with  the  above  rules. 

1605.  Vestibules. — No   one  and   two-room   school   houses 
shall  be  erected  without  a  vestibule  of  reasonable  size. 

1606.  Care  of  School  Houses.— It  shall  be  the  duty   of 
boards  of  trustees  in  districts  of  the  third  class  to  require 
that  the  school  room  or  rooms  shall  be  thoroughly  scrubbed 
and  cleaned,  including  the  floors,   interior  wood  work  and 
windows,  at  least  once  every  three  months. 

1607.  Water    Supply    and    Toilet    Accommodations. — The 
board  of  trustees  shall  furnish  such  water  supply  and  toilet 
accommodations  as  shall  be  approved  by  the  State  Board  of 
Health. 

CHAPTER  XVII. 
Industrial  Education. 
1700.    Provisions. 

1.  Elementary  manual  and  industrial  training  which  shall 
include  industrial  art  may  form  a  part  of  the  required  course 
of  study  in  all  grades  of  the  public  schools  of  the  State  of 
Montana.     The   superintendent   of   public   instruction    shall 
formulate  a  course  of  study,  or  he  may  approve  courses  of 
study  formulated  by  local  school  officials,  which  meet  the  re- 
quirements of  this  section.    The  clerk  of  each  school  district 
in  his  annual  report  to  the  county  superintendent  shall  state 
whether  the  above  provisions  have  been  complied  with  within 
the  schools  of  his  district. 

2.  All  school  districts  having  a  population  of  more  than 
five  thousand  shall,  and  districts  of  less  population  may,  main- 
tain at  least  one  manual  training  school  suitably  equipped 
and  designated  to  furnish  manual  and  industrial  instruction 
to  pupils  who  are  above  the  fifth  grade.     Said  schools  shall 
furnish  instruction  in   elementary  wood,   metal   and   textile 
work;  in  mechanical  and  industrial   drawing;   and  in  com- 
munities  where   applicable   in   agriculture,   mineralogy,    and 
technical  mining ;  and  for  girls  above  the  first  grade,  instruc- 
tion in  household  management,  decoration  and  economics,  and 
in  needlework.    They  shall  also  include  instruction  in  indus- 
trial history  and  geography ;  and  in  the  industrial  materials  ; 
processes,  and  products  with  special  reference  to  the  indus- 
trial pursuits  of  the  communities  in  which  they  are  situated. 


GENERAL    SCHOOL    LAW  83 

The  courses  to  be  presented  in  these  schools  shall  provide: 

1.  A  general  culture,  intelligence  and  skill  for  those  pupils 
whose  school  attendance  will  end  with   the   elementary   or 
secondary  grades;  and 

2.  A  progressive  development  designed  to  prepare  directly 
for   efficient  work   in   the   related   technical   and    scientific 
courses  of  the  higher  institutions  of  learning. 

The  courses  shall  be  modified  to  meet  in  the  largest  meas- 
ure the  needs  of  each  class  of  pupils. 

Nothing  in  this  section  shall  be  understood  as  forbidding 
any  school  from  using  other  materials  than  those  herein 
specified  nor  as  preventing  a  different  assignment  of  work 
by  grades,  provided  that  all  coures  shall  have  the  approval  of 
the  state  board  of  education. 

Teachers  of  such  schools  shall  have  had  special  preparation 
for  such  instruction  and  shall  be  holders  of  special  manual 
training  teachers'  certificates,  which  the  superintendent  of 
public  instruction  is  hereby  empowered  to  grant,  when  satis- 
fied that  the  applicant  has  received  a  sufficient  general  educa- 
tion and  the  professional  and  technical  preparation  necessary 
for  such  manual  and  industrial  training. 

3.  In  all  school  districts  having  a  population  of  over  ten 
thousand,  there  shall  be,  and  in  school  districts  of  less  popu- 
lation, there  may  be  maintained  schools  of  special  courses  in 
connection   with   manual   training,   or   city   or   county   high 
schools,  designed  to  furnish  a  direct  vocational  training,  in- 
cluding training  in  agricultural  pursuits  and  mining  for  which 
there  shall  be  a  local  demand.    Classes  shall  be  formed  when 
not  less  than  twenty  applicants  desire  instruction  in  any  voca- 
tion.   Pupils  who  have  reached  the  age  of  twelve  years  and 
who  have  completed  not  less  than  the  general  school  work 
assigned  to  the  first  five  grades  may  be  admitted  to  these 
courses  upon  such  terms  as  the  board  of  trustees  of  the  dis- 
trict may  prescribe ;  pupils  above  the  age  of  fourteen,  together 
with  adults  may  be  admitted  to  evening  classes,  providing 
similar  instruction  upon  such  terms  of  admittance  as  the 
trustees  may  prescribe,  provided  that  there  shall  in  no  case 
be  any  charge  for  tuition.    Teachers  of  such  classes  shall  be 
holders  of  special  certificates  issued  by  the  superintendent  of 
public  instruction,  specifying  the  subject  or  subjects  which 
the  holder  is  entitled  to  teach.    Applicants  for  such  certifi- 
cates must  present  satisfactory  evidence  not  only  of  general 


84  STATE     OF     MONTANA 

educational  qualifications,  but  of  special  training  and  prac- 
tical experience  in  the  vocations  which  they  are  to  teach. 

4.  The  trustees  of  any  district  are  hereby  empowered  to 
use  moneys  from  the  general  school  fund  of  the  district  for 
the  maintenance  of  manual  and  industrial  schools  and  courses 
the  same  as  for  other  school  purposes;  provided,  that  the 
state  treasurer  shall  pay  annually  from  any  funds  in  his  pos- 
session not  otherwise  appropriated  ten    ($10.00)    dollars  to 
each  district  for  each  person  attending  such  manual  and  in- 
dustrial courses  for  a  period  of  six  months  or  more  yearly; 
provided,  further,  that  the  state  treasury  shall  likewise  pay 
annually  to  any  county  high  school  which  maintains  a  manual 
training  department,  from  any  funds  in  the  state  treasury, 
no't  otherwise  appropriated,  the  sum  of  ten   ($10.00}  dollars 
for  each  child  or  student  attending  the  manual  training  de- 
partment in  such  county  high  school  for  a  period   of   six 
months  or  longer  yearly.    Buildings  and  furnishing  and  equip- 
ment for  manual  and  industrial  training  shall  be  provided  in 
the  same  manner  as  now  prescribed  for  the  erection  and  fur- 
nishing of  buildings  for  other  school  purposes. 

5.  To  secure  an  efficient  administration  of  this  act  the 
State    Board    of   Education    shall    determine    whether    such 
manual   and   industrial   schools   and   courses   meet   the   pro- 
visions of  the  law.     Such  schools  as  do  not  meet  the  pro- 
visions of  this  Act  shall  not  be  entitled  to  state  aid  until 
all  defects  are  remedied. 

CHAPTER  XVIII. 

Text  Books. 
1800.     Appointment  of  State  Text  Book  Commission. — The 

governor  is  hereby  authorized  to  nominate  and  appoint  a 
state  text  book  commission  consisting  of  seven  members,  five 
of  whom  shall  be  persons  actively  engaged  in  public  school 
work  of  the  state  or  in  state  educational  institutions  at  the 
time  of  their  appointment.  The  terms  of  the  members  of 
said  commission  shall  be  for  a  period  of  five  years  each.  If 
a  vacancy  occurs  during  the  terms  of  any  of  the  members, 
of  said  commission  by  reason  of  death,  resignation  or  other- 
wise, the  governor  shall  make  appointment  to  fill  such  va- 
cancy and  the  person  so  appointed  shall  hold  office  until  the 
expiration  of  the  term  for  which  the  person  he  succeeds  was 
appointed. 


GENERAL    SCHOOL    LAW  85 

1801.  Organization  of  Commission. 

The  commission  at  its  meeting  shall  organize  by  taking 
the  constitutional  oath  of  office,  which  oath  shall  be  filed  in 
the  office  of  the  secretary  of  state ;  electing  from  among  the 
members  a  president  and  secretary  and  formulating  rules  for 
its  government.  Five  members  shall  constitute  a  quorum 
for  the  transaction  of  all  business.  All  votes  cast  for  or 
against  the  adoption  of  any  text  books  shall  be  recorded  in 
the  minutes  of  the  commission,  together  with  the  names  of 
those  voting  for  or  against  such  adoption;  provided,  that  all 
meetings  shall  be  open  to  the  public  and  that  said  commission 
must  make  a  full  report  to  the  governor  not  later  than  the 
first  Monday  in  November  next  preceding  any  regular  or  spe- 
cial meeting  of  the  legislature. 

1802.  Meetings  of  Commission. — The  state  text  book  com- 
mission shall  meet  in  the  state  capital  in  the  city  of  Helena, 
on  the  third  Monday  in  January,  1917,  and  every  second  year 
thereafter,  and  the  president  of  said  commission  shall  call  a 
meeting  thereof  on  the  first  Monday  of  October,  1916,  and 
every  second  year  thereafter  for  the  purpose  of  considering 
in  what  subjects,  if  any,  as  hereinafter  provided,  text  books 
shall  be  changed,  and  expiring  contracts  extended;  provided, 
that  changes  shall  not  be  made  in  the  text  books  of  more  than 
three  subjects  at  any  meeting. 

He  must  also  upon  ten  days'  written  notice  to  the  members 
to  be  given  by  the  secretary,  call  a  meeting  of  the  commission 
at  any  time  to  receive  proposals  and  to  enter  into  contracts 
with  publishers  for  supplying  text  books  whenever  contracts* 
for  certain  books  heretofore  entered  into  become  terminated 
by  recission  or  otherwise  cease  to  be  in  full  force  and  effect, 
and  to  adopt  additional  supplementary  books  whenever  it  is 
deemed  for  the  best  interests  of  the  schools  of  the  state. 
Said  text  book  commission  may  adjourn  from  day  to  day  until 
it  shall  have  made  adoptions  as  provided  for  in  this  chapter. 
The  session  of  said  commission  shall  not  continue  beyond  six 
actual  days,  and  nothing  herein  contained  shall  be  so  con- 
strued as  to  have  any  reference  to  the  provisions  of  this  Act 
relating  to  school  libraries. 

1803.  Contracts   for    Supplying    Text    Books. — Beginning 
with  November  first,  1916,  and  every  second  year  thereafter, 
the  superintendent  of  public  instruction  shall,  if  any  changes 
have  been  recommended,  advertise  for  thirty  days  in  two 


86  STATE     OF     MONTANA 

daily  newspapers  in  this  state,  giving  notice  that  the  text 
book  commission  will  meet,  as  herein  provided,  and  that  they 
will  receive  sealed  proposals  up  to  twelve  o'clock  noon,  of  said 
third  Monday  in  January  next  following,  for  supplying  the 
State  of  Montana  with  such  basal  and  supplementary  text 
books  as  the  commission  have  considered  desirable  to  be 
changed,  for  use  in  all  the  public  schools  of  said  state,  for  a 
period  of  six  years  from  and  after  the  first  day  in  September, 
1917;  and  all  contracts  under  this  Act  shall  further  provide 
that  they  may  be  extended  after  their  expiration  at  the  option 
of  the  commission,  and  at  not  to  exceed  the  schedule  of  prices 
agreed  upon  therein;  and  the  contracts  in  existence  at  the 
time  of  the  passage  of  this  Act  may  be  extended  after  ex- 
piration for  not  to  exceed  four  years,  at  the  option  of  the 
commission,  and  at  not  to  exceed  the  schedule  or  prices  agreed 
upon  therein.  The  commission  shall  make  contracts  for  text 
books  in  the  following  branches,  to-wit:  Reading,  spelling, 
writing,  arithmetic,  geography  (elementary  and  advanced), 
language  and  grammar,  physiology  and  hygiene,  civil  govern- 
ment (state  and  national),  history  of  the  United  States  (ele- 
mentary and  advanced) 

Said  commission  are  hereby  empowered  to  adopt  such 
other  text  books  supplementary  to  the  basal  text  books 
above  referred  to,  as  they  may  deem  advisable.  Said  sealed 
proposals  shall  be  addressed  to  the  chairman  of  the  state 
text  book  commission,  Helena,  Montana,  and  shall  be  indorsed 
"Sealed  proposals  for  supplying  text  books  for  use  in  the 
State  of  Montana."  Said  proposals  shall  state  the  net  whole- 
sale prices  at  which  the  publishers  whose  books  may  be 
adopted  by  the  text  book  commission,  will  agree  to  deliver 
the  same,  F.  0.  B.  text  book  depositories  in  Montana,  and 
to  merchants  or  to  school  districts  purchasing  the  same. 
They  shall  also  state  the  introductory  price  without  exchange, 
and  the  exchange  price  for  new  books  adopted  in  exchange 
for  the  old  books  in  the  hands  of  the  pupils,  and  for  the  new 
books  in  the  hands  of  the  districts  or  dealers,  which  may  be 
displaced,  grade  for  grade;  provided  that  when  pupils  own 
their  books  they  may  exchange  one  of  a  lower  grade  for  one 
of  a  higher ;  and  shall  further  state  the  retail  price  at  which 
they  will  keep  all  the  text  books  so  adopted  on  sale  uniformly 
in  at  least  one  place  in  each  county  throughout  the  state. 
Whenever  any  contract  shall  be  terminated  by  fecission,  or 


GENERAL    SCHOOL    LAW  87 

shall  otherwise  cease  to  be  in  force  and  effect,  the  text  book 
commission  shall,  within  ten  days  after  the  termination  of 
such  contracts,  advertise  in  the  same  manner  and  for  the 
same  length  of  time  as  elsewhere  mentioned  in  this  section 
for  proposals  to  furnish  text  books  on  the  same  subject  as 
those  embraced  within  such  contract  for  the  same  length  of 
time,  and  bids  shall  be  received  in  the  same  manner  as  herein- 
before provided.  The  publishers  contracting  and  agreeing  to 
supply  text  books  for  use  in  the  State  of  Montana  under  the 
provisions  of  this  Act,  shall  cause  to  be  prepared  a  special 
map  and  special  supplement  descriptive  of  Montana  for  the 
geography  adopted  by  said  commission.  They  shall  also  cause 
to  be  prepared  a  special  supplement  for  Montana  for  the  civil 
government  adopted,  which  supplement  shall  contain  not  less 
than  one  hundred  pages.  They  shall  further  agree  to  main- 
tain the  mechanical  excellence  of  the  books  adopted  by  said 
commission  fully  equal  to  the  samples  submitted  in  binding, 
quality  of  paper,  and  other  essential  features. 

1804.  Selection  of  Text  Books.— It  shall  be  the  duty  of 
said  text  book  commission  to  meet  at  the  time  and  place  men- 
tioned in  said  notice  and  open  sealed  bids  in  the  presence  of  a 
quorum  of  said  commission,  and  in  public,  to  select  and  adopt 
such  text  books,  both  basal  and  supplementary  for  use  in  all 
the  public  schools  of  this  state.  The  text  book  so  selected  and 
adopted  by  said  text  book  commission,  shall  be  certified  to 
by  the  chairman  and  secretary,  and  said  certificate,  with  a 
copy  of  all  the  books  named  therein,  shall  be  placed  on  file 
in  the  office  of  the  superintendent  of  public  instruction.  Such 
certificate  must  contain  a  complete  list  of  all  books  adopted 
by  said  commission,  giving  the  wholesale,  retail,  introductory, 
and  exchange  prices  for  which  each  kind  and  grade  will  be 
furnished,  as  provided  in  the  preceding  section,  and  the  name 
of  the  publishers  contracting  to  furnish  the  same.  The  said 
books  named  in  said  certificate  shall  for  such  period  as  is  pro- 
vided in  the  contract  or  extension  thereof  from  and  after  the 
first  day  of  September  of  the  year  in  which  they  are  adopted 
be  used  in  all  public  schools  of  the  state  to  the  exclusion  of  all 
others.  Provided,  that  nothing  in  any  part  of  this  act  shall 
be  so  construed  as  to  prevent  the  purchase  or  use  by  any 
district  of  any  reference  books  for  use  in  any  of  the  schools 
of  the  state. 


88  STATE     OF     MONTANA 

1805.  Contracts    and    Agreements. — The    said    text   book 
commission  shall  have  power  to  make  contracts  and  agree- 
ments for  the  use  and  supply  of  text  books  in  the  name  of 
the  state  as  they  shall  deem  necessary  for  the  best  interest  of 
the  public  schools  of  the  state,  and  shall  require  of  all  publish- 
ers contracting  and  agreeing  to  furnish  books  adopted  by  the 
said  text  book  commission,  bonds  equal  in  amount  to  one-half 
the  value  of  the  books  to  be  furnished,  conditioned  that  upon 
the  failure  on  the  part  of  such  publishers  to  comply  with  the 
terms  of  such  contracts  or  any  part  thereof,  in  any  county  of 
the  state,  upon  notice  being  given  as  provided  for  herein,  said 
bonds  may  by  the  governor  of  the  State  of  Montana,  be  de- 
clared forfeited,  and  actions  brought  in  the  name  of  the  state 
upon  such  bonds  to  recover  the  full  amount  named  therein 
which  amount  shall  be  deemed  to  be  fixed  and  liquidated 
damages  for  the  breach  of  such  contracts ;  provided,  that  the 
text  book  commission  may,  at  their  discretion,  reject  any  and 
all  proposals  if  it  be  deemed  by  them  to  be  to  the  interest 
of  the  state  so  to  do,  and  they  shall  advertise  for  new  pro- 
posals, stating  the  time  when  such  new  proposals  will  be  re- 
ceived by  them,  not  later,  however,  than  thirty  days  from 
the  rejection  of  the  first  proposals;  provided,  further,  that 
the  contract  price  of  such  books  F.  0.  B.  depositories  in  Mon- 
tana, allowing  difference  for  freight,  shall  not  exceed  the 
lowest  wholesale  price  charged  for  the  same  books  to  any 
other  state  of  the  United  States. 

1806.  Bond  for  Performance  of  Contracts. — The  contract 
with  the  publishers  shall  take  effect  only  when  the  publishers 
of  the  books  adopted  by  the  said  text  book  commission  shall 
have  filed  with  the  secretary  of  state  their  bond,  with  at  least 
two  sufficient  sureties,  to  be  approved  by  the  governor  in 
such  sum  as  shall  be  determined,  by  said  text  book  commis- 
sion conditioned  that  they  shall  comply  with  the  terms  of  their 
proposal  to  the  state  and  such  conditions  as  may  be  agreed 
upon  between  said  text  book  commission  and  the  publishers 
contracting  with  the  state. 

1807.  Forfeiture   of   Contract   for   Non-Performance. — In 
case  the  publishers  of  the  books  adopted  by  the  said  text  book 
commission  shall  not  on  or  before  the  fifteenth  day  of  Feb- 
ruary, of  the  year  in  which  the  text  books  are  to  be  adopted 
have  filed  with  the  secretary  of  state  their  bond  as  herein- 
before provided,  on  or  before  the  fifteenth  day  of  February 


GENERAL    SCHOOL    LAW  89 

of  said  year,  or  in  case  they  shall  not  on  or  before  the  fif- 
teenth day  of  June  of  said  year  have  performed  all  the  obliga- 
tions of  their  contracts  with  respect  to  the  exchange  and  in- 
troduction of  books  and  the  preparation  and  supply  of  the 
special  maps,  and  the  special  descriptive  matter  for  the, 
geography  so  adopted,  or  the  special  supplement  for  the  civil 
government,  or  in  case  they  shall  at  any  time  thereafter  vio- 
late or  fail  to  perform  any  of  the  conditions  specified  in  their 
bond  as  hereinbefore  provided,  and  shall  fail  within  reason- 
able time  after  due  notice  has  been  given  by  the  governor  to 
make  good  their  guarantee  in  any  respect  in  which  they  may 
have  failed,  then  this  adoption  shall  become  null  and  void. 
The  said  text  books  adopted  by  the  said  text  book  commission 
under  this  Act  upon  compliance  of  the  publishers  of  the 
conditions  aforesaid  shall  continue  in  use  for  the  period  of  not 
less  than  five  years  from  the  first  day  of  September  of  the 
year  above  mentioned  to  the  exclusion  of  all  others  except 
as  herein  otherwise  provided. 

1808.  Price  List  of  Books  to  Be  Printed  and  Distributed. — 
Whenever  the  publishers  of  the  books  adopted  under  the  pro- 
visions of  this  bill,  shall  have  filed  their  bonds  as  hereinbefore 
provided,  it  shall  be  the  duty  of  the  state  superintendent  of 
public  instruction  to  cause  all  prices  of  the  text  books  as 
guaranteed  by  the  publishers  to  be  properly  printed  and  dis- 
tributed through  the  county  superintendents  to  the  trustees 
of  all  school  districts  in  the  state,  who  shall  cause  the  same  to 
be  kept  constantly  posted  in   a  conspicuous   place  in   each 
school  room  in  their  districts,  and  it  shall  be  the  duty  of  the 
several  county  superintendents  to  keep  themselves  informed 
as  to  whether  such  prices  are  actually  maintained  by  the  said 
publishers,  and  at  once  notify  the  superintendent  of  public 
instruction  of  the  violation  of  the  contracts  entered  into  by 
virtue  of  the  authority  contained  in  this  Act,  which  may  come 
to  their  knowledge,  and  it  shall  be  the  duty  of  the  superin- 
tendent of  public  instruction  to  promptly  communicate  such 
information  to  the  governor. 

1809.  Penalty  for  Using  Other  Than  Selected  Books.— Any 
school  officer,  teacher  or  trustee,  who  shall  use  or  provide  for 
the  use  in  the  public  schools  of  the  state,  text  books  other 
than  those  adopted  by  the  said  text  book  commission,  except 
as  herein  otherwise  provided,  shall  be  deemed  guilty  of  a  mis- 


I 


90  STATE     OF     MONTANA 

demeanor,  and  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars. 

1810.  Annual  Report  as  to  the  Use  of  Books. — All  county 
superintendents  and  all  school  officers  are  charged  with  the 
execution  of  this  law,  and  the  county  school  superintendent 
shall  require  the  trustees  of  the  several  school  districts  or  the 
clerks  thereof,  to  report  annually  whether  or  not  the  author- 
ized text  books  are  used  in  their  schools. 

1811.  Election   Upon   Proposition   to   Supply    Free    Text- 
Books. — Upon  the  petition  of  five  legal  voters  of  any  school 
district  other  than  in  incorporated  cities,  and  upon  petition 
of  one  hundred  legal  voters  in  incorporated  cities,  towns,  and 
villages,  filed  with  the  board  of  trustees  or  board  of  edu- 
cation, it  shall  be  the  duty  of  the  board  of  trustees  or  board 
of  education  as  the  case  may  be,  to  notify  the  voters  of  such 
school  district  that  an  election  "for"  or  "against"  free  text- 
books will  be  held  at  the  next  ensuing  election  for  the  mem- 
bers of  the  board  of  trustees  or  board  of  education,  and  the 
ballots  to  such  effect  shall  be  received  and  canvassed  at  such 
election,  and  if  a  majority  of  all  votes  cast  in  the  district 
shall  be  found  to  be  in  favor  of  free  text-books,  it  shall  be 
the  duty  of  the  board  of  trustees  or  board  of  education,  as 
the  case  may  be,  to  purchase  at  the  expense  of  such  district 
all  the  text-books  required  for  use  of  all  pupils  attending 
school  in  such  school  district,  and  said  text-books  shall  be 
loaned  to  the  pupils  of  said  public  schools,  free  of  charge, 
subject  to  such  rules  and  regulations,  as  to  care  and  cus- 
tody, as  the  board  of  trustees  or  board  of  education  shall  pre- 
scribe; Provided,  that  the  pupils  may  purchase  at  cost  any 
of  the  text-books  to  be  furnished,  when  desired  by  them. 

1812.  Special  Levy  to  Provide  Free  Text-Books.— That  for 
the  purpose  of  raising  money  to  pay  for  school  books,  which 
may  be  furnished  to  the  pupils  free  of  charge  by  any  dis- 
trict adopting  free  text-books,  a  special  levy  upon  the  tax- 
able property  of  such  district,  shall  be  made  by  the  county 
commissioners  of  the  district,  if  the  money  received  from 
the  general  fund  from  the  district  be  insufficient,  and  said 
levy  shall  be  made  within  thirty  days  from  and  after  the 
adoption  of  said  free  text-books  in  any  district  that  has  by  a 
majority  vote  adopted  the  same,  and  when  made  the  tax 
levied  shall  be  collected  in  the  same  manner  as  other  taxes 
are  collected;  Provided,  further,  that  any  district  that  shall 


I 


GENERAL    SCHOOL    LAW  91 

furnish  free  text-books  shall  have  the  right,  through  its 
board  of  trustees,  to  adopt  supplementary  books  within  the 
meaning  of  this  Act,  when  such  adoption  has  been  author- 
ized by  a  two-thirds  vote  of  the  trustees  of  said  district. 

1813.  Compensation  of  Text  Book  Commissioners. — The 
members  of  said  text  book  commission  provided  for  by  this 
Act,  shall  receive  the  sum  of  $6.00  per  diem  for  each  day 
necessarily  engaged  in  transacting  business  and  while  in 
session,  and  actual  traveling  expenses;  and  there  is  hereby 
appropriated  the  sum  of  one  thousand  dollars  per  year,  or 
so  much  thereof  as  may  be  necessary  to  carry  out  the  pro- 
visions of  this  Act;  Provided,  that  said  commission  shall  not 
be  in  session  more  than  ten  days  in  any  one  year. 

CHAPTER  XIX. 
Industrial  Schools. 

1900.  Industrial  Schools.     Where  Established. — In  school 
districts  having  a  population  of  25,000  or  more,  there  shall 
be  maintained  an  industrial  school  for  the  purpose  of  afford- 
ing a  place  of  confinement,  discipline,  instruction,  and  main- 
tenance of  children  of  compulsory  school  age,  who  may  be 
committed  thereto  according  to  the  provisions  prescribed  in 
Section  1107. 

1901.  Purchase  of  Site  and  Building. — For  the  purpose  of 
maintaining  such  school  or  schools,  sites  may  be  purchased 
and  buildings  constructed  or  premises  rented  in  the  same 
manner  as  is  provided  for  in  the  case  of  public  schools  in 
such  districts;  but  no  school  shall  be  located  at  or  near  any 
penal  institution.    And  it  shall  be  the  duty* of  the  board  of 
trustees  to  furnish  such  schools  with  such  furniture,   fix- 
tures, industrial  and  other  apparatus,  and  provisions  as  may 
be  necessary  for  the  maintenance  and  operation  thereof. 

1902.  Employment   and   Regulation     of     Teachers. — The 
board  of  trustees  may  also  employ  a  principal  and  other  nec- 
essary officers,  agents,  and  teachers,  and  shall  prescribe  the 
methods  of  discipline  and  the  course  of  instruction ;  and  shall 
exercise  the  same  powers  and  perform  the  same  duties  as  is 
prescribed  by  law  for  the  management  of  other  schools. 

No  religious  instruction  shall  be  given  in  said  school,  ex- 
cept as  allowed  by  law  to  be  given  in  public  schools ;  but  the 
board  of  trustees  may  make  suitable  regulation  so  that  the 
inmates  may  receive  religious  training  in  accordance  with  the 


92  STATE     OF     MONTANA 

belief  of  the  parents  of  such  children,  by  arranging,  for  at- 
tendance at  public  services  elsewhere. 

1903.  Parents  to  Provide  Clothing.— It  shall  be  the  duty 
of  the  parent  or  guardian  of  any  child  committed  to  this 
school,  to  provide  suitable  clothing  upon  his  entry  into  such 
school,  and  from  time  to  time  therafter  as  it  may  be  needed, 
upon  notice  in  writing  from  the  principal  or  other  proper  of- 
ficer of  the  school.    In  case  any  parent  or  guardian  shall  re- 
fuse or  neglect  to  furnish  such  clothing,  the  same  may  be 
provided  by  the  board  of  trustees,  and  such  board  may  have 
an  action  against  such  parent  or  guardian  of  said  child  to 
recover  cost  of  such  clothing,  with  ten  per  cent  additional 
thereto. 

1904.  Rules  and  Regulations  of  School. — The  board  of  trus- 
tees of  such  district  shall  have  power  to  establish  rules  and 
regulations  under  which  children  committed  to  such  indus- 
trial school  may  be  allowed  to  return  home  upon  parole,  but 
to  remain  while  upon  parole  in  the  legal  custody  and  under 
control  of  the  officers  and  agents  of  such  school  and  subject 
at  any  time  to  be  taken  back  within  the  enclosure  of  such 
school  by  the  principal  or  any  authorized  officer  of  said 
school   except  as  hereinafter  provided;   and  full  power  to 
enforce  such  rules  and  regulations  to  retake  any  such  child 
so  upon  parole  is  hereby  conferred  upon  said    board  of  trus- 
tees.   No  child  shall  be  released  upon  parole  in  less  than  four 
weeks  from  the  time  of  his  commitment,  nor  thereafter  until 
the  principal  of  such  industrial   school   shall  have   become 
satisfied  from  the  conduct  of  such  child,  that,  if  paroled,  he 
will  attend  regularly  the  public  or  private  school  to  which 
he  may  be  sent  by  his  parents  or  guardians,  and  shall  so 
certify  to  the  board  of  trustees. 

1905.  Paroled  Children.— It  shall  be  the  duty  of  the  prin- 
cipal or  other  person  having  charge  of  the  school  to  which 
children   so  released  on  parole  may  be   sent  to  report  at 
least  once   each   month   to   the   principal   of   the   industrial 
school   stating   whether   or   not   such   child   attends    school 
regularly,    and    obeys    the    rules    and    regulation    of    said 
school;  and  if  such  child  so  released  upon  parole  shall  be 
regular  in  his  attendance  at  school,  and  his  conduct  as  a 
pupil  shall  be  satisfactory  for  a  period  of  on^  year  from 
date  on  which  he  was  released  upon  parole,  he  shall  then  be 
finally  discharged  from  the  industrial  school,  and  shall  not 


GENERAL    SCHOOL    LAW  93 

be  recommitted  thereto  except  as  hereinbefore  provided. 

1906.  Recommitment  of  Paroled   Children. — In  case  any 
child    released  from  school  upon  parole,  as  hereinbefore  provid- 
ed, shall  violate  the  conditions  of  his  parole  at  any  time  within 
one  year  thereafter,  he  shall  upon  the  order  of  the  board  of 
trustees,  as  hereinbefore  provided,  be  taken  back  to   such 
industrial  school,  and  shall  not  be  again  released  upon  pa- 
role within  the  period  of  three  months  from  the  date  of  such 
re-entering;  and  if  he  shall  violate  the  conditions  of  a  second 
parole,  he  shall  be  re-committed  to  such  industrial  school, 
and  shall  not  be  released  therefrom  on  parole,  until  he  shall 
remain  in  such  school  at  least  one  year. 

1907.  Incorrigibles. — In   any   case   where   a   child   is   in- 
corrigible and  his  influence  in  such  industrial  school  is  detri- 
mental to  the  interests  of  the  other  pupils,   the  board  of 
trustees  may  authorize  the  principal   or  any  other  officer 
of  the  school  to  represent  these  facts  to  the  district  court 
by  petition;  and  the  court  shall  have  power  to  commit  said 
child  to  the  State  Reform  School. 

1908.  Industrial  Schools  in   Small   Districts.— The  board 
of  trustees  in  districts  having  a  population  less  than  25,000 
may  establish,  maintain  and  operate  an  industrial  school  for 
the  purpose  hereinbefore  specified,  and  in  case  of  the  estab- 
lishment of  such  school  the  board  of  trustees  shall  have  like 
power  in  their  respective  districts  as  hereinbefore  express- 
ed; Provided,  that  no  board  of  trustees  under  this  Section 
shall  put  .this  law  into  effect  until  submitted  to  a  vote  at 
some  general  or  special  election. 

1909.  Receiving  Pupils  From  Other  Districts. — Boards  of 
trustees  in  districts  where  there  is  established  and  in  opera- 
tion an  industrial   school,   may  if  the  accommodation  per- 
mits, receive  pupils  from  other  districts  who  have  been  com- 
mitted thereto,  upon  the  payment  from  the  district  in  which 
the  child  resides,  at  such  rate  of  tuition  as  the  board  of 
trustees  may  fix. 

1910.  Penalties  and  Fines  for  Neglect  of  Official  Duty. 
—Any  officer,  principal,  or  other. person  mentioned  in  this 
chapter,  neglecting  to  perform  any  duty  imposed  upon  him 
by  this  chapter,  shall  be  fined  not  less  than  Twenty-Five 
($25.00)    nor   more   than  Fifty    ($50.00)    Dollars,   for   each 
offense.     Any  officer  or  agent  of  any  corporation  violating 
any   provisions    of   this    chapter,    and    who   participates    or 


94  STATE     OF     MONTANA 

acquiesces  in  or  is  cognizant  of  such  violation,  shall  be 
fined  not  less  than  Twenty-Five  ($25.00)  nor  more  than 
Fifty  ($50.00)  Dollars.  Any  person  who  violates  any 
provisions  of  this  chapter  for  which  a  penalty  is  not  else- 
where in  this  chapter  provided  for,  shall  be  fined  not 
more  than  Fifty  ($50.00)  Dollars.  Mayors,  justices  of 
the  peace,  police  judges,  and  district  courts  shall  have 
jurisdiction  to  try  the  offenses  described  in  this  chap- 
ter. When  complaint  is  made,  information  filed  or  indict- 
ment found  against  any  corporation  for  violating  this  chap- 
ter, summons  shall  be  served,  appearance  made,  or  plea 
entered,  as  provided  by  the  laws  of  Montana,  except  that 
in  complaint  before  magistrates,  service  shall  be  made  by 
the  constable.  In  all  other  cases  process  shall  be  served,  and 
proceedings  had,  as  in  cases  of  misdemeanor.  All  fines  col- 
lected under  the  provisions  of  this  chapter  shall  be  paid 
into  the  funds  of  the  school  district  in  which  the  offense 
was  committed.  Board  of  trustees  are  authorized  to  em- 
ploy legal  counsel  to  prosecute  any  case  arising  under  the 
provisions  of  the  chapter  when  they  shall  deem  the  same 
necessary,  and  the  services  of  such  counsel  shall  be  paid 
from  the  general  fund  of  the  district. 

1911.  Penalties   for  Repeated   Violation  of   the   Chapter. 
Every  person,  who,  after  being  once  convicted  for  violating 
any  of  the  provisions  of  this  chapter,  shall  be  convicted  of 
again  violating  any  of  the  provisions  of  this  chapter,  may, 
in  addition  to  the  punishment  by  way  of  a  fine  elsewhere 
provided   for,   be   imprisoned   not   less    than   ten    days    nor 
more  than  thirty  days.     On  complaint,  before  mayor,  jus- 
tice of  the  peace,  or  police  judge  of  a  second  violation  of 
this   chapter  involving  punishment   by   imprisonment,    if   a 
trial  by  jury  be  not  waived,  a  jury  shall  be  chosen  and  the 
case  tried,  after  the  manner  provided  in  the  laws  of  Mon- 
tana. 

1912.  Duty  of  Trustees  to  Provide  Sufficient  Accommo- 
dations.— It   is   hereby   made   the   duty   of   every   board    of 
trustees  in  this  State  to  provide  sufficient  accommodations 
in    the    public    schools    for    all    children    in    their    district 
compelled  to  attend  the  public  schools  under  the  provisions 
of  this  chapter.    Authority  to  levy  tax  and  raise  the  money 
necessary    for    such    purpose,    is    hereby    given    the    proper 
officers  charged  with  such  duty  under  the  law. 


GENERAL    SCHOOL    LAW  95 

1913.  Cost  of  Prosecutions. — No  officer  or  person  insti- 
tuting proceedings  under  this  chapter  shall  be  required  to 
advance  money  or  give  security  for  costs;  and  if  a  defend- 
ant is  acquitted  or  discharged,  or  if  convicted,  and  commit- 
ted to  jail  in  default  of  payment  of  fine  and  costs,  the  jus- 
tice, mayor,  police  judge  or  district  court,  before  whom  such 
case  was  brought  shall  certify  such  costs  to  the  county  audi- 
tor, who  shall  examine,  and  if  necessary  correct  the  account, 
and  issue  his  warrant  to  the  county  treasurer  in  favor  of 
the  respective  persons  to  whom  such  costs  are  due  for  the 
amount  due  each. 

CHAPTER  XX. 
Finance. 

2000.  Permanent    School    Fund. — The    principal    of    the 
state  school  fund  shall  remain  irreducible  and  permanent. 
That  said  fund  shall  be  derived  from  the  following  sources, 

—to- wit:  appropriations  and  donations  by  the  State  to  this 
fund;  donations  and  bequests  by  individuals  to  the  State  or 
common  schools;  the  proceeds  of  land  and  (and)  other  prop- 
erty which  revert  to  the  State  by  escheat  and  forfeiture; 
the  proceeds  of  all  property  granted  to  the  State,  when  the 
purpose  of  the  grant  is  not  specified  or  is  uncertain;  funds 
accumulated  in  the  treasury  of  the  State  for  the  disburse- 
ment of  which  provision  has  not  been  made  by  law;  the  pro- 
ceeds of  the  sale  of  timber,  stone,  materials  or  other  prop- 
erty from  school  lands  other  than  those  granted  for  specific 
purposes,  and  all  moneys  other  than  rentals  recovered 
from  persons  trespassing  on  said  lands;  five  per  centum 
of  the  proceeds  of  the  sale  of  public  lands  lying  within  the 
State  which  shall  be  sold  by  the  United  States  subsequent 
to  the  admission  of  the  State  into  the  Union  as  approved  by 
Section  15  of  the  Enabling  Act;  the  principal  of  all  funds 
arising  from  the  sale  of  lands  and  other  property  which  have 
been  and  may  be  hereafter  granted  to  the  State  for  the  sup- 
port of  common  schools  and  such  other  funds  as  may  be 
provided  by  the  legislative  enactment. 

2001.  Common  School  Levy. — In  addition  to  the  provis- 
ions for  the  support  of  common  schools,  hereinbefore  pro- 

ided,  it  shall  be  the  duty  of  the  county  commissioners  of 
each  county  in  the  State  to  levy  an  anjiualjbax_0f_ four '.mills 
on  the  dollar  of  the  assessed  value  of  all  taxable  property, 


s 


96  STATE     OF     MONTANA 

real  and  personal,  within  the  county  which  levy  shall  be 
made  at  the  time  and  in  the  manner  provided  by  law  for 
the  levying  of  taxes  for  county  purposes,  which  tax  shall  be 
collected  by  the  county  treasurer  at  the  same  time  and  in 
the  same  manner  as  state  and  county  taxes  are  collected. 
For  the  further  support  of  the  common  schools,  there  shall 
also  be  set  apart  by  the  county  treasurer  all  moneys  paid 
into  the  county  treasury  arising  from  all  fine^.  or  viola- 
tions of  law,  unless  otherwise  specified  by  law.  Such  money 
shall  be  forthwith  paid  into  the  county  treasury  by  the  offi- 
cer receiving  the  same,  and  be  added  to  the  yearly  school 
fund  raised  by  taxing  each  county  and  dividing  in  the  same 
manner. 

2002.  ^Special  School  Tax.— On  or  before  the  day  desig- 
nated by  law  for  the  commissioners  of  each  county  to  levy 
the  requisite  taxes  for  the  then  ensuing  year,  the  school 
board  in  each  school  district  shall  certify  to  the  county  com- 
missioners the  number  of  mills  per  dollar  which  it  is  neces- 
sary to  levy  on  the  taxable  property  of  the  district,  not  to 
exceed  ten  mills,  to  raise  a  special  fund  to  maintain  the 
schools   of   said   districts,   to   furnish   additional    school   fa- 
cilities therefor,  and  to  furnish  such  appliances  and  apparatus 
as  may  be  needed,  and,  in  districts  of  the  first  and  second 
class,  the  trustees  thereof  must  make  such  special  levy,  or 
so  much  thereof  as  may  be  necessary  to  maintain  a  school 
term  of  at  least  nine  months  in  each  year,  and  the  county 
commissioners  shall  cause  the  same  to  be  levied  at  the  same 
time  that  other  taxes  are  levied,  and  the  amount  of  such 
special  tax  shall  be  assessed  to  each  tax  payer  of  such  dis- 
trict, and  shall  be  placed  in  a  separate  column  of  the  tax 
book  which  shall  be  headed,  "Special  School  Tax." 

There  shall  also  be  a  column  in  said  tax  book,  which  shall 
be  designated  the  number  of  the  school  district  in  which  the 
property  is  listed.  This  tax,  when  collected  shall  be  placed 
to  the  credit  of  the  proper  district,  and  shall  be  subject  to 
the  order  of  the  district  board. 

2003.  Apportionment. — All  school  moneys  apportioned  by 
county  superintendents  of  common  schools   shall  be  appor- 
tioned to  the  several  districts  in  proportion  to  the  number  of 
school  census  children  between  six  and  twenty-one  years  of 
age,  as  shown  by  the  returns  of  the  district  clerk  for  the 
next  preceding  school  census ;  Provided,  that  Indian  children, 


GENERAL    SCHOOL    LAW  97 

who  are  not  living  under  the  guardianship  of  white  persons, 
shall  not  be  included  in  the  apportionment  list,  unless  the 
parents  thereof  are  citizens  of  the  United  States  or  have 
taken  land  under  the  allotment  and  severalty  act  of  Con- 
gress and  have  severed  their  tribal  relations. 

2004.  Purposes  for  Which  Money  May  Be  Used. — County 
school  moneys  may  be  used  by  the  county  superintendent 
and  trustees  for  the  various  purposes,  as  authorized  and  pro- 
vided in  this  Act,  and  for  no  other  purpose,  except  that  in 
any  district,  any  surplus  in  the  general  school  fund  to  the 
credit  of  said  district,  after  providing  for  the  expenses  of  not 
less  than  nine  months'  school,  on  a  vote  of  the  qualified 
electors  of  said  district,  may  be  used  for  the  purpose  of  re- 
tiring bonds  and  improving  buildings  and  grounds.     If  any 
school  money  shall  be  paid  by  authority  of  the  board  of 
trustees  for  any  purpose  not  authorized   by  this   chapter, 
the  trustees  consenting  to  such  payment  shall  be  liable  to 
the  district  for  the  repayment  of  such  sum,  and  a  suit  to 
recover  the  same  may  be  brought  by  the  county  attorney,  or, 
if  he  shall  refuse  to  bring  the  same,  a  suit  may  be  brought 
by  any  taxpaying  elector  in  the  district. 

2005.  Transfer  of  Road  Funds.— It  shall  be  the  duty  of 
the  county  treasurer  in  each  county  in  this  State  upon  an  or- 
der of  the  board  of  county  commissioners,  to  transfer  any 
and  all  sums  of  money  raised  by  county  road  tax  and  appor- 
tioned to  certain  road  districts  that  shall  have  remained  one 
year  to  the  credit  of  any  road  district  unused  or  unappor- 
tioned  to  the  credit  of  the  particular  school  district  or  dis- 
tricts whose  boundaries  are  coterminous,  or  nearly  so,  with 
those  of  the  road  district  to  whose  credit  said  moneys  were 
originally     apportioned.     A  certificate  by  the  road   super- 
visor that  such  moneys  are  not  needed  for  immediate  use 
in  building  or  repairing  roads  in  his  district,  accompanied 
by  the  petition  of  ten  residents  of  such  district  that  such 
transfer  be  made,  shall  be  made  sufficient  warrant  for  the 
county  treasurer  to  make  such  transfer  when  approved  by 
the  board  of  county  commissioners,  and  the  official  maps  of 
the  several  road  and  school  districts  of  the  county  shall  de- 
termine the  districts  to  which  the  transfers  are  to  be  made. 
Moneys  so  received  to  the  credit  of  any  particular  school  dis- 
trict may  be  applied  by  the  trustees  thereof  to  the  payment 


I 


98  STATE     OF     MONTANA 

of  any  outstanding  district  indebtedness,  or  like  other  funds, 
to  the  ordinary  expenses  of  the  district. 

2006.  Proceeds  of  Town  Lots. — All  moneys  arising  from 
the  sale  of  town  lots  under  and  by  virtue  of  the  several  acts 
of  the  legislative  assembly  of  the  State  of  Montana  relating 
to  town  sites,  that  are  now  or  that  hereafter  may  come  into 
the  hands  of  any  clerk  of  the  district  court,  or  the  corporate 
authorities  of  any  city  or  town  of  the  State  shall  be  paid  into 
the  county  treasury  of  the  county  for  the  use  and  benefit 
of  the  common  schools  of  the  school  district  in  which  such 
city  or  town  is  situated,  to  be  used  as  provided  for  in  this 
chapter. 

2007.  Building  and  Furnishing  Fund.     The  county  treas- 
urers of  the  several  counties  of  this  State  shall  transfer  all 
moneys  so  paid  into  said  treasury  as  provided  for  in  Sec- 
tion 2006  of  this  chapter  or  that  may  now  be  in  such  treas- 
ury, derived  from  said  source,  to  the  school  fund  of  the 
school  district  in  which  said  town  is  situated,  which  shall 
be  paid  out  on  the  order  of  the  school  trustees  in  such  dis- 
trict, as  provided  for  in  Section  2008  of  this  chapter;  and 
which  said  moneys  shall  be  by  said  treasurer  set  apart  as  a 
special   fund   for   the   purpose   of   building   and   furnishing 
school  houses,  and  shall  be  used  for  such  purpose  alone,  un- 
less otherwise  ordered,  as  provided  for  in  this  chapter. 

2008.  Warrants. — The  school  trustees  of  any  school  dis- 
trict are  hereby  authorized  to  draw  warrants  on  said  fund 
named  in  Sections  2006  and  2007  of  this  chapter  for  the 
purpose  of  building  and  furnishing  a  school  house  in  such 
place,  in  the  town  or  city  from  the  sale  of  lots  out  of  which 
such  fund  arose,  as  they  may  designate,  which  said  war- 
rants or  orders  shall  specify  the  fund  on  which  the  same  are 
drawn  and  for  what  purpose  drawn. 

2009.  Transfer  of  Funds.     Election. — Said  Fund  may  be 
used  for  general  school  purposes,  if  a  majority  of  the  quali- 
fied electors  of  such  district  shall  so  elect,  upon  such  ques- 
tion being  duly  submitted  to  them  at  any  regular  or  spe- 
cial election  therefor. 

2010.  Duties  of  County  Treasurer. — It  shall  be  the  duty 
of  the  county  treasurer  of  each  county: 

1.  To  receive  and  hold  all  school  moneys  as  special 
deposit  and  to  keep  a  separate  account  of  their  disburse- 
ments to  the  several  school  districts  which  shall  be  entitlled 


GENERAL    SCHOOL    LAW  99 

to  receive  them  according  to  the  apportionment  of  the  coun- 
ty superintendent. 

2.  To    render    quarterly    beginning    September    1,    each 
board  of  trustees,  through  its  chairman,  an  itemized  state- 
ment of  warrants  paid  and  moneys  received  for  the  district 
for  the  preceding  quarter. 

3.  To  notify  the  county  superintendent  of  public  schools 
of  the  amount  of  county  school  fund  in  the  county  treasury 
subject  to  apportionment  whenever  required,  and  to  inform 
said  county  superintendent  of  the  amount  of  school  moneys 
belonging  to  any  other  fund  subject  to  apportionment. 

4.  To  pay  all  warrants  drawn  on  county  or  district  school 
moneys  in  accordance  with  the  provisions  of  this  chapter, 
whenever  such  warrants  are  countersigned  by  the  district 
clerk  and  also  countersigned  by  the  county  superintendent, 
provided  in  Section  513  of  this  Act. 

5.  To  make  annually,  during  the  month  of  October  in  each 
year,  a  financial  report  for  the  last  school  and  fiscal  year 
ending  with  June  thirtieth,  to  the  county  superintendent  of 
public  schools,  in  such  form  as  may  be  required  by  him. 

2011.  Duty  of  County  Assessor. — It  shall  be  the  duty  of 
the  County  Assessor  in  each  county  in  the  State  to  make  a 
report  to  the  county  superintendent  of  schools  within  his 
county  on  or  before  the  20th  day  of  August  in  each  year, 
giving  the  assessed  valuation  of  the  several  school  districts 
of  the  county  for  that  year. 

2012.  Duty  of  Clerk  of  District  Court.— It  shall  be  the 
duty  of  the  clerk  of  the  district  court,  at  the  close  of  every 
term  thereof,  to  report  to  the  county  superintendent  of  the 
county  in  which  said  term  shall  have  been  held,  whether  or 
not  any  fines,  and  if  any,  what  ones,  were  imposed  by  said 
court  during  the  said  term. 

2013.  Duty  of  the  Justice  of  the  Peace.— It  shall  be  the 
duty  of  each  justice  of  the  peace  of  each  county  to  report 
to  the  county  superintendent  during  the  month  of  September 
in  each  year,  whether  or  not  they  have  imposed  and  collect- 
ed any  fines  during  the  preceding  year,  and  if  any,  what 
ones,  with  the  date  at  which  the  same  were  paid  to  the 
county  treasurer. 

2014.  Penalty. — All  officers  mentioned  in  Section  2010, 
2011,  2012,  2013  of  this  chapter  who  shall  fail  or  neglect 
to  perform  any  of  the  duties  required  by  this  chapter  shall 


100  STATE     OF     MONTANA 

be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  be- 
fore any  court  having  competent  jurisdiction  thereof,  shall 
be  fined  in  any  sum  not  less  than  twenty  dollars  and  not 
more  than  one  hundred  dollars  for  each  neglect;  and  such 
fine  shall  be  paid  into  the  county  treasury  for  the  benefit 
of  the  public  schools  in  said  county. 

2015.  Bonds.    How  Issued.    Election.    Limit.— The  board 
of  school  trustees  of  any  school  district  within  this  State 
shall,  whenever  a  majority  of  the  school  trustees  so  decide, 
submit  to  the  electors  of  the  district  the  question  whether 
the  board  shall  be  authorized  to  issue  coupon  bonds  to  a  cer- 
tain amount,  not  to  exceed  three  per  cent  of  the  taxable 
property  in  said  district,  and  bearing  a  certain  rate  of  in- 
terest not  exceeding  six  per  cent  per  annum,  and  payable  and 
redeemable  at  a  certain  time,  for  the  purpose  of  building  and 
furnishing  one  or  more  school  houses  in  said  district,  and 
purchasing  land    necessary  for  the  same.     Should  the  trus- 
tees of  any  school  district  in  which  bonds  have  heretofore 
been  issued  to  any  amount,  desire  to  submit  to  the  electors 
of  the  district  the  question  as  to  whether  additional  bonds 
shall  be  issued  they  may  do  so,  but  no  such  bonds  shall  be 
issued  unless  a  majority  of  all  votes  cast  at  any  such  election 
shall  be  cast  in  favor  of  such  issue  of  additional  bonds;  and 
in  no  case  shall  the  whole  issue  of  bonds  exceed  the  amount 
of  three  per  cent  of  the  taxable  property  within  said  school 
district. 

2016.  Manner  of   Holding   Election.     Ballots.     Voting.— 
Such  election  shall  be  held  in  the  manner  prescribed  for  the 
election  of  school  trustees.    The  ballots  shall  be  in  the  form 
as  follows:     "Shall  bonds  be  issued  and  sold  to  the  amount 

of  dollars,  and  bearing  not  to  exceed 

per  cent  interest  and  for  a  period  not  to  exceed 

years,  for  the  purpose  of  purchasing  a  school  site  and  build- 
ing a  school  house  thereon  and  for  furnishing  the  same." 

Bonds.    Yes. 

Bonds.    No. 

The  elector  shall  prepare  his  ballot  by  putting  a  cross  be- 
fore "Bonds  Yes"  if  he  wishes  to  vote  for  the  bonds  and  be- 
fore "Bonds  No"  if  he  wishes  to  vote  against  the  bonds.  If 
a  majority  of  the  votes  cast  at  such  election  are  Bonds, 
"Yes,"  the  board  of  school  trustees  shall  issue  such  bonds  in 
such  form  as  the  board  may  direct  and  they  shall  bear  the 


GENERAL    SCHOOL    LAW  101 

signature  of  the  chairman  of  the  board  of  trustees  and  shall 
be  signed  by  the  clerk  of  the  said  school  district;  and  the 
coupons  attached  to  the  bonds  shall  be  signed  by  the  said 
chairman  and  clerk,  provided,  a  lithographic  or  engraved 
fac  simile  of  the  signatures  of  the  chairman  and  clerk  may 
be  affixed  to  coupons  only,  when  so  recited  in  the  bonds, 
and  the  corporate  seal  of  the  school  district  shall  be  attach- 
ed to  each  of  the  bonds;  and  each  bond  so  issued  shall  be 
registered  by  the  county  treasurer  in  a  book  provided  for 
that  purpose,  which  shall  show  the  number  and  amount  of 
each  bond,  and  the  person  to  whom  the  same  is  issued  or 
sold;  and  the  said  bonds  shall  be  sold  by  the  trustees  as 
hereinafter  provided. 

2017.  Notice  of  Sale  of  Bonds. — The  school  trustees  shall 
give  notice  by  advertisement  in  some  newspaper  published 
in  this  State,  for  a  period  of  not  less  than  four  weeks  to  the 
effect  that  the  said  school  trustees  will  sell  said  bonds  (brief- 
ly describing  the  same),   and  stating  the  time  when,   and 
place  where,  such  sale  will  take  place;  Provided,  that  the 
said  bonds  shall  not  be  sold  for  less  than  their  par  value, 
and  that  the  said  trustees  are  authorized  to  reject  any  bids, 
and  to  sell  said  bonds  at  private  sale,  if  they  deem  it  for 
the  best  interests  of  the  district;  and  all  moneys   arising 
from  the  sale  of  said  bonds  shall  be  paid  forthwith  into  the 
treasury  of  the  county  in  which  such  district  may  be  lo-i 
cated  to  the  credit  of  said  district,  and  the  same  shall  be 
immediately  available  for  the  purpose  of  building  or  provid- 
ing the  school  houses  authorized  by  this  chapter;  Provided, 
that  no  such  bonds  shall  be  delivered  by  the  board  of  trus- 
tees  unless  the  moneys   therefor  have  been  paid  into   the 
county  treasury. 

2018.  School  District  Liable  on  Bond. — The  faith  of  each 
school  district  is  solemnly  pledged  for  the  payment  of  the 
interest  and  the  redemption  of  the  principal  of  the  bonds 
which  shall  be  issued  under  the  provisions  of  this  chapter. 
And   for  the  purpose   of   enforcing   the   provisions   of   this 
chapter,  each  school  district  shall  be  a  body  corporate,  which 
may  sue  and  be  sued  by  or  in  the  name  of  the  board  of 
school  trustees  of  such  district. 

2019.  Tax.     Interest.     Sinking   Fund.— The   school   trus- 
tees of  each  district  shall  ascertain  and  levy  annually,  the 
tax  necessary  to  pay  the  interest  when  it  becomes  due  and 


102  STATE     OF     MONTANA 

a  sinking  fund  to  redeem  the  bonds  at  their  maturity;  and 
said  tax  shall  become  a  lien  upon  the  property  in  said  school 
district,  and  be  collected  in  the  same  manner  as  other  taxes 
for  school  purposes. 

2020.  Same.  Redemption  of  Bonds. — The  county  com- 
missioners, at  the  time  of  making  the  levy  of  taxes  for  coun- 
ty purposes,  must  levy  a  tax  for  that  year  upon  the  taxable 
property  in  such  district,  for  the  interest  and  redemption  of 
said  bonds,  and  such  tax  must  not  be  less  than  sufficient  to 
pay  the  interest  of  said  bonds  for  that  year,  and  such  por- 
tion of  the  principal  as  is  to  become  due  during  such  years 
and  in  any  event  must  be  high  enough  to  raise  annually  for 
the  first  half  of  the  term  said  bonds  have  to  run,  a  suffi- 
cient 8P m  to  pay  the  interest  thereon,  and  during  the  bal- 
ance of  the  term,  high  enough  to  pay  such  annual  interest, 
and  to  paj  annually,  a  portion  of  the  principal  of  said  bonds, 
equal  to  a  sum  produced  by  taking  the  whole  amount  of  said 
bonds  outstanding  and  dividing  it  by  the  number  of  years 
said  bonds  have  to  run  and  all  moneys  so  levied,  when  col- 
lected, must  be  paid  into  the  county  treasury  to  the  credit 
of  such  district,  kept  in  a  separate  fund  and  be  used  for  the 
payment  of  principal  and  interc^  on  said  bonds,  and  for  no 
other  purpose. 

1.  Provided,   that  the  board   may   with   the   surplus   of 
such  sinking  fund,  when  the  same  shall  be  One  Thousand 
($1,000.00)  Dollars  or  more,  purchase  any  of  the  outstanding 
bonds  issued  by  the  board.    Such  purchase  shall  be  made  at 
the  lowest  price  such  bonds  can  be  purchased  at,  but  at  no 
more  than  par  value  of  such  bonds ;  and  whenever  there  shall 
be  such  a  surplus  of  sinking  fund  amounting  to  the  sum  of 
One  Thousand  ($1,000.00)  Dollars,  the  board  shall  purchase 
therewith  like  bonds,  on  the  same  terms  and  conditions  as 
hereinbefore  specified. 

2.  If  for  any   reason   such   bonds   cannot   be   purchased 
as   hereinbefore   specified,   such    sinking   fund    shall   be   in- 
vested by  the  treasurer  under  the  direction  of  the  board  of 
trustees,  at  such  times  as  the  board  shall  direct,  in  interest- 
bearing  bonds  of  the  United  States  or  of  the  State  of  Mon- 
tana, which  shall  be  purchased  at  the  lowest  market  price. 
Interest  accruing  upon  such  bonds  shall  be  invested  in  the 
same  manner  and  for  the  same  purpose  as  a  sinking  fund. 
Such  bonds  shall  be  held  by  the  treasurer  until  the  prin- 


GENERAL    SCHOOL    LAW  103 

cipal  of  any  bonds  issued  by  the  board  of  trustees  shall  be- 
come due,  and  shall  be  sold  at  the  highest  market  price,  and 
the  proceeds  applied  to  the  payment  of  bonds ;  Provided,  fur- 
ther, that  if  at  any  time  the  board  shall  deem  it  best,  it 
shall  be  lawful  to  sell  such  bonds  for  the  purpose  of  pur- 
chasing the  bonds  issued  by  such  board;  but  all  such  sales 
shall  be  at  the  highest  market  price,  and  the  bonds  of  the 
board  purchased  with  the  proceeds  of  such  sale  shall  be  pur- 
chased at  the  lowest  price  they  can  be  obtained  for,  and  not 
above  the  par  value  of  such  bonds;  Provided,  further,  that 
the  bonds  first  maturing  shall  be  purchased,  if  they  can  be 
purchased,  on  terms  as  favorable  to  the  board  as  others  of- 
fered for  sale  to  the  said  board.  All  bonds  of  the  said  board 
purchased  under  the  authority  hereby  given,  or  paid  by  the 
board,  shall  be  forthwith  cancelled  as  provided  in  the  next 
succeeding  section. 

2021.  Redemption.     Notice   to  Bond   Holder.— When   the 
sum  in  said  sinking  fund  shall  equal  or  exceed  the  amount 
of  any  bond  then  due,  the  county  treasurer  shall  give  notice 
to  each  bond  holder,  if  known  to  him  and  shall  post  in  his 
office  a  notice  that  he  will,  within  thirty  days  from  the  date 
of  such  notice,  redeem  the  bonds  then  payable,  giving  the 
numbers  thereof,  and  preference  shall  be  .given  to  the  oldest 
issue;  and  if  at  the  expiration  of  the  said  thirty  days  the 
holder  or  holders  of  said  bonds  shall  fail  or  neglect  to  pre- 
sent the  same  for  payment,  interest  thereon  shall  cease;  but 
the  treasurer  shall  at  all  times  thereafter  be  ready  to  re- 
deem the  same  on  presentation,  and  when  any  bonds  shall  be 
so  purchased  or  redeemed  the  county  treasurer  shall  cancel 
all  bonds  so  purchased  and  redeem  by  writing  across  the  face 
of  such  bond  or  bonds,  in  red  ink,  the  word  "Redeemed"  and 
the  date  of  such  redemption;  Provided,  that,  whenever  in  the 
judgment  of  the  board  of  school  trustees  and  prior  to  the 
redemption  of  said  bonds  said  board  shall  deem  it  advisable 
and  for  the  best  interest  of  the  school  district  to  invest  said 
sinking  fund  or  any  part  thereof,  the  board  may  by  an  order 
entered  upon  their  minutes  direct  and  require  the  county 
treasurer  to  invest  said  sinking  fund  or  any  part  thereof  in 
state  or  county  bonds   or  warrants   until   such   redeemable 
period. 

2022.  Duty    of    County    Treasurer. — The    county    treas- 
urer shall  pay  out  of  any  moneys  belonging  to  the  school 


104  STATE     OF     MONTANA 

district  the  interest  upon  any  bonds  issued  under  this  chap- 
ter by  such  district  when  the  same  shall  become  due,  upon 
the  presentation  at  his  office  of  the  proper  coupon  which 
shall  show  the  amount  due,  and  the  number  of  the  bond  to 
which  it  belonged;  and  all  coupons  so  paid  shall  be  reported 
to  the  school  trustees  at  their  first  meeting  thereafter.  But 
the  Board  of  Trustees  of  any  school  district  issuing  bonds 
may,  by  resolution,  direct  that  said  bonds  and  the  interest 
thereon  shall  be  payable  in  any  city  in  the  United  States, 
and  then  such  bonds  and 'coupons  shall  be  made  payable  at 
such  bank  in  said  city  as  shall  be  designated  by  the  County 
Treasurer  at  the  time  of  issue;  and  all  bonds  and  coupons 
so  paid  must  be  returned  to  the  County  Treasurer  and  by 
him  cancelled  and  exhibited  to  the  County  Commissioners  at 
their  first  meeting  thereafter. 

2023.  Printing  of  Bonds. — The  school  trustees  of  any  dis- 
trict shall  cause  to  be  printed  or  lithographed,  at  the  lowest 
rates,  suitable  bonds,  with  the  coupons  attached,  when  the 
same  shall  become  necessary,  and  pay  therefor  out  of  any 
moneys  in  the  county  treasury  to  the  credit  of  said  school 
district. 

2024.  Penalty. — If  any  of  the  school  trustees  of  any  dis- 
trict shall  fail  or  refuse  to  pay  into  the  proper  county  treas- 
ury the  money  arising  from  the  sale  of  any  bonds  provided 
for  by  this  chapter,  they  shall  be  deemed  guilty  of  a  felony, 
and  upon  conviction  thereof,  shall  be  punished  by  imprison- 
ment in  the  State  Penitentiary  for  a  term  of  not  less  than 
one  year  nor  more  than  ten  years. 

2025.  Repayment  of  Moneys  Borrowed  for   Maintenance 
of  Schools. — That  whenever,  before  the  passage  of  this  Act, 
the  taxes  levied  and  collected  in  any  school  district  upon  the 
taxable  property  of  said  district,  for  the  necessary  mainte- 
nance of  said  schools,  have  been  insufficient  for  the  neces- 
sary maintenance  of  said  schools,  and  for  that  reason  the 
trustees  of  said  school  district  have  been  compelled  to  bor- 
row money  for  the  necessary  maintenance  of  said  schools,  in 
order  to  prevent  the  closing  of  the  same  for  a  portion  of  the 
regular  school  year  of  said  district,  and  have  borrowed  mon- 
ey for  the  necessary  maintenance  of  said  schools,  and  such 
moneys  so  borrowed  cannot  be  repaid  out  of  the  total  amount 
of  taxes  that  may  be  raised  by  maximum  levy  for  school 
purposes  in  such  district,  without  using  the  funds  of  the 


GENERAL    SCHOOL    LAW  105 

district  needed  to  pay  the  necessary  current  expenses  for  the 
maintenance  of  the  schools  therein,  and  thereby  necessi- 
tating the  closing  of  such  schools  for  the  whole  or  a  portion 
of  the  regular  current  school  year  of  such  district  for  one 
or  more  years,  then  the  said  trustees  shall  be,  and  are  here- 
by empowered  to  raise  money  to  repay,  and  to  repay  such 
loans,  with  interest  thereon  from  the  date  thereof  until  paid 
at  the  rate  of  six  per  cent  per  annum,  by  levying  a  tax 
therefor  upon  all  the  taxable  property  in  said  district  in  the 
manner  provided  in  the  following  sections. 

2026.  Special  Levy  to  Repay  Moneys  Borrowed. — That 
if  the  trustees  of  any  school  district,  under  the  circum- 
stances mentioned  in  Section  2025  of  tjiis  chapter  shall 
determine  to  repay  the  moneys  borrowed  and  used  for  the 
purpose  mentioned  in  said  Section  2025,  they  shall  ascertain 
the  amount  to  be  levied  by  finding  the  amount  of  the  prin- 
cipal, of  "such  loans  and  interest  at  six  per  cent  per  annum 
from  the  date  thereof  to  December  15th,  of  the  year  in  which 
such  levy  shall  be  made,  that  being  the  time  when  the  tax 
will  properly  be  collected,  and  shall,  on  or  before  the  day 
when  the  county  commissioners  are  required  by  law  to  make 
the  annual  tax  levy,  make  and  file  with  the  county  clerk  of 
the  county  in  which  such  school  district  shall  be  situated, 
their  certificate,  which  shall  be  signed  by  a  majority  of 
such  trustees,  setting  forth  therein  the  amount  to  be  raised 
as  aforesaid,  and  requesting  the  county  commissioners  to 
levy  the  amount  named  in  said  certificates  as  a  special  tax 
upon  all  taxable  property  in  said  school  district.  The  valua- 
tion of  the  property  in  said  district  as  the  same  appears 
upon  the  assessment  roll  of  said  county  for  the  year  for 
which  the  levy  shall  be  made,  shall  be  the  basis  for  the  as- 
sessment of  such  tax.  It  shall  be  the  duty  of  the  county 
commissioners  at  the  time  the  annual  tax  levy  is  made  to 
levy  the  sum  named  in  said  certificate  as  a  special  tax  upon 
all  of  the  taxable  property  in  said  district,  and  the  duty  of 
the  county  clerk  to  spread  said  tax  upon  the  said  assessment 
roll  against  all  of  said  property  in  the  same  manner  as 
other  taxes  are  spread  upon  said  roll,  and  said  tax  being  so 
assessed  shall  become  a  lien  upon  said  property  and  be  col- 
lected in  the  same  manner  as  other  taxes  for  school  purposes 
are  collected. 


106  STATE     OF     MONTANA 

2027.  Disposition    of    Funds    Collected.— That    when    the 
tax  mentioned  in  the  preceding  sections  has  been  collected, 
or  any  part  thereof,   the  county  treasurer  shall  place  the 
same  to  the  credit  of  said  school  district  in  a  fund  separate 
from  all  other  funds,   of  said   district  and  the  moneys   in 
such  fund  shall  be  forthwith  paid  out  by  the  trustees  to  the 
persons  and  corporations  to  whom  the  same  are  payable,  and 
until  the  debt  for  the  payment  of  which  such  moneys  were 
raised  have  been  paid,  no  part  of  such  funds  shall  be  used 
for  any  other  purpose.     If  from  failure  to  collect  the  entire 
amount  of  such  tax,  or  from  any  other  cause,  there  shall  not 
be  moneys   sufficient  in  said  fund  to  pay  the   amount   of 
principal  and  interest  of  the   sum  borrowed,   the  trustees 
shall  pay  the  amount  of  such  deficiency  from  the  general 
fund  to  the  credit  of  said  district,  and  if  after  paying  all  of 
the  debts  payable  out  of  such  special  fund,  a  balance  shall 
remain  therein,  such  balance  shall  be  transferred  to  the  gen- 
eral fund  of  said  district. 

2028.  Trustees    May    Issue    Bonds. — If    the    trustees    of 
any  school  district  mentioned  in  this   Act  shall   determine 
that  it  would  not  be  for  the  best  interest  of  said  district  to 
raise  in  any  one  year  the  moneys  mentioned  in  Section  2027 
of  this  chapter,  by  levying  and  collecting  a  tax  therefor  as  in 
the  preceding  sections  provided,  they  shall  nevertheless  be 
authorized  and  empowered    to  raise  such  moneys  by  issuing 
and  selling  the  bonds  of  said  districts  in  an  amount  suffi- 
cient to   repay,   and   to   repay,   such   moneys   with   interest 
thereon  at  six  per  cent  per  annum.    If  the  said  trustees  shall 
determine  to  issue  the  bonds  of  said  district  for  the  purpose 
aforesaid,  they  shall  ascertain  the  amount  of  said  bonds  by 
finding  the  amount  of  principal  and  interest  of  the  loans  to 
be  repaid  at  six  per  cent  per  annum  from  the  date  thereof 
until  the  time  when   said  bonds   will  probably  be   sold   as 
hereinafter  provided.     They  shall  then  issue  the  bonds  of 
such  district  to  the  amount  to  be  ascertained  which  bonds 
shall  draw  interest  at  a  rate  not  to  exceed  six  per  cent  per 
annum  payable  either  annually  or  semi-annually  as  the  trus- 
tees shall  determine,  and  each  of  said  bonds  shall  be  for  the 
sum    of    One    Hundred    Dollars    or    multiples    thereof    and 
shall  run  for  such  length  of  time  as  the  said  trustees  shall 
determine,   not  exceeding  a  period  of  ten  years   from   the 
date  thereof;  said  bonds  shall  be  in  such  form  as  the  board 


GENERAL    SCHOOL    LAW  107 

of  trustees  may  direct,  and  shall  bear  the  signature  of  the 
chairman  of  the  board  of  trustees,  and  shall  be  signed  by  the 
clerk  as  clerk  of  the  said  school  district,  and  the  coupons 
attached  to  said  bonds  shall  be  signed  by  said  chairman  and 
said  clerk;  Provided  that  lighographic  or  engraved  fac 
similes  of  the  signature  of  the  chairman  and  clerk  may  be 
affixed  to  coupons  only  when  so  recited  in  the  bond,  and  each 
bond  so  issued  shall  be  registered  by  the  county  treasurer  in 
a  book  provided  for  that  purpose,  which  shall  show  the 
number  and  amount  of  each  bond,  and  the  person  to  whom 
the  same  is  issued  or  sold,  and  said  bonds  shall  be  sold  and 
the  proceeds  thereof  deposited  with  the  county  treasurer, 
in  the  manner  provided  by  the  provisions  of  Section  2028  of 
this  Chapter,  ana  paid  out  by  the  trustees  to  the  persons 
and  corporations  to  whom  the  loans  for  the  payment  of  which 
such  bonds  were  issued  are  payable. 

2029.  General  Laws  Applicable.     All  of  the  powers  con- 
ferred and  duties  enjoined  upon  school  trustees  and  county 
commissioners  by  Section  2019,  2020,  2021,  2022,   2023,  of 
this  chapter  for  raising  money  to  pay  the  interest  on,  and 
to  provide,  and  for  the  care  and  management  of,  a  sinking 
fund  for  the  redemption  and  payment  of  bonds  issued  by 
school  districts   under  the  provisions   of  existing  laws   are 
hereby   conferred   and    enjoined    upon    school    trustees    and 
county  commissioners  respectively  with  respect  to  all  bonds 
issued  under  the  provisions   of  this  chapter. 

2030.  Refunding    Bonds. — The    school    trustees    of    any 
school  district  of  the  State  of  Montana,  shall  have,  and  are 
hereby  given  in  addition  to  the  power  already  conferred  on 
them,  authority  to  issue  on  the  credit  of  their  respective 
districts,  coupon  bonds,    (and  sell  or  dispose  of  the  same) 
for  the  purpose  of  providing  the  necessary  funds  to  pay  ma- 
turing, redeemable,  or  optional  bonds,  under  the  following 
conditions,  to- wit: 

1.  When  there  is  not  sufficient  money  to  the  credit  oi  thk 
school  district  applicable  to  pay  any  of  said  bonds. 

2.  When  in  the  judgment  of  the  school  trustees  to  levy 
and  collect  a  special  tax  for  the  purpose  of  paying  any  of 
said  bonds,  would  be  a  hardship  and  a  burden  to  the  school 
district. 

3.  All  bonds  issued  under  the  provisions  of  this  Section 
of  this  Act,  shall  bear  upon  their  face  the  words  "Refund- 


108  STATE    OF    MONTANA 

ing  School  Bonds"  and  shall  also  recite  in  the  body  of  the 
bond  that  "this  bond  is  issued  for  the  purpose  of  providing 
funds  to  pay  maturing  and  outstanding  bonds." 

4.  Said  bonds  shall  bear  interest  at  a  rate  not  to  exceed 
six  per  cent  per  annum,  (and  interest  may  be  payable  semi- 
annually)   and  payable  and  redeemable  within  a  period  not 
exceeding  twenty  years  from  the  date  of  issue;  Provided, 
6aid  bonds  shall  not  exceed  in  amount  the  face  value  of  the 
bond    (and  any  accrued  interest  thereon),   which   they  are 
issued  to  replace. 

5.  The  trustees  shall  fix  the  denominations,  terms,  rate 
and  form  of  said  bonds  not  inconsistent  with  the  require- 
ments hereinbefore  set  forth;  and  may  issue,  dispose  of  or 
sell  such  bonds  at  any  time  deemed  necessary  and  expedient 
to  enhance,  preserve  and  maintain  the  credit  of  their  re- 
spective districts. 

6.  Said  bonds,  when  offered  for  sale,  shall  be  advertised 
for  sale  in  not  less  than  one  newspaper  of  general  circu- 
lation, published  in  the  State  of  Montana,  for  a  period  of  not 
less  than  four  weeks  preceding  the  date  fixed  for  sale  of 
said   bonds;   said   advertisement   shall   briefly   describe   the 
bonds,  stating  the  time  when,  and  the  place  where  said    sale 
shall  take  place;  Provided  that  said  bonds  shall  not  be  sold 
at  less  than  their  par  value,  and  the  trustees  are  authorized 
to  reject  any  bids  made,  and  sell  said  bonds  at  private  sale, 
or  exchange  the  same  for  outstanding  bonds,  if  they  deem  it 
for  the  best  interests  of  the  districts  so  to  do,  and  it  shall 
not  be  necessary  to  hold  any  election  or  submit  the  matter 
of  the  issuance  of  the  bonds  authorized  by  this  section  of 
this  chapter,  to  the  electors  of  the  school  district. 

7.  Said  bonds  and  coupons  (attached)  shall  be  signed  by 
the  chairman  of  the  board  of  trustees  and  the  school  clerk 
of  the   district,   provided,   a   lithographed   or   engraved   fac 
simile  of  the  signatures  of  the  chairman  and  clerk  may  be 
affixed  to  the  coupons,  only  when  so  recited  in  the  bonds, 
and  the  corporate  seal  of  the  school  district  shall  be  affixed 
to  each  bond. 

8.  Each  bond  so  issued  shall  be  registered  by  the  county 
treasurer  of  the  county  wherein  such  school  district  is  lo- 
cated, in  a  book  provided  for  the  purpose,  which  shall  show 
the  date,  number,  term,  and  amount  of  each  bond,  and  the 
person  or  persons  to  whom  the  bonds  are  issued  and  sold. 


GENERAL    SCHOOL    LAW  109 

2031.  Disposal  of  Proceeds  of  Bonds. — All  moneys  aris- 
ing from  the  sale  of  said  bonds  shall  be  paid  forthwith  into 
the  treasury  of  the  county  in  which  said  school  district  is  lo- 
cated, and  shall  be  immediately  available  to  apply  for  the 
purpose  authorized  and  no  other  purpose. 

2032.  District  Responsible  on  Bonds. — The  faith  of  each 
school  district  is  solemnly  pledged  for  the  payment  of  the 
interest  and  redemption  of  the  principal  of  the  bonds  which 
shall  be  issued  under  this  chapter.    And  for  the  purpose  of 
enforcing  the  provisions  of  this  chapter,  each  school  district 
shall  be  a  body  corporate,  which  may  sue  and  be  sued  by, 
or  in  the  name  of  the  board  of  school  trustees. 

2033.  Must  Levy  Tax  for  Interest,  Etc.— The  school  trus- 
tees of  each  district  shall  ascertain  the  amount  and  levy  an- 
nually, a  tax  necessary  to  pay  the  interest,  when  it  becomes 
due,  and  provide  a  sinking   fund  to  redeem  the  bonds  at  their 
maturity;  and  said  tax  shall  become  a  lien  upon  the  prop- 
erty in  said  school  district  and  be  collected  in  the  same  man- 
ner as  other  taxes  for  school  purposes. 

2034.  Redemption  of  Bonds. — When  the  sum  in  said  sink- 
ing fund  shall  equal  or  exceed  the  amount  of  any  bond  then 
due,  the  county  treasurer  shall  post  in  his  office  a  notice 
that  he  will,  within  thirty  days  from  the  date  of  such  notice, 
redeem  the  bonds  then  payable,  giving  the  number  thereof, 
and  the  bonds  bearing  the  lowest  number  shall  be  redeemed 
first  in  their  order;  and  provided,  that  such  redemption  shall 
be  made  at  some  regular  interest  period  as  set  forth  in  the 
bond;  and  if  at  the  expiration  of  the  said  thirty  days  the 
holder  or  holders  of  said  bonds  shall  fail  or  neglect  to  pre- 
sent the  same  for  payment,  interest  thereon  shall  cease  but 
the  treasurer  shall  at  all  times  thereafter  be  ready  to  re- 
deem the  same  on  presentation,  and  when  any  bond  or  bonds 
shall  be  so  purchased  or  redeemed,  the  county  treasurer  shall 
cancel  all  bonds  so  purchased  and  redeemed,  by  writing  or 
stamping  across  the  face  of  such  bond  or  bonds,  in  ink,  the 
words  "Redeemed  and  Cancelled,"  and  the  date  of  such  re- 
iemption.     And  the  bonds  paid   shall  be  exhibited  to   the 
Doard  of  county  commissioners  at  their  first  meeting  there- 
after. 

2035.  Payment  of  Interest. — The  county  treasurer  shall 
pay  out  of  any  moneys  belonging  to  the  school  district,  the 
interest  upon  any  bonds  issued  by  authority  of  this  chapter, 


-110  STATE     OF     MONTANA 

by  such  district,  when  the  same  shall  become  due,  upon  the 
presentation  at  his  office,  of  the  proper  coupon,  which  shall 
show  the  amount  due,  and  the  number  of  the  bond  to  which 
it  belongs;  and  all  coupons  so  paid  shall  be  cancelled  and 
exhibited  to  the  board  of  county  commissioners  at  their  first 
meeting  thereafter. 

2036.  Preparation  of  Bonds. — The  school  trustees  of  any 
school  district  shall  cause  to  be  printed  or  lithographed,  at 
the  lowest  rate,  suitable  bonds,  with  the  coupons  attached, 
when  the  same  shall  become  necessary,  and  pay  therefor  out 
of  any  moneys  in  the  county  treasury  to  the  credit  of  said 
school  district. 

2037.  Felony.     Penalty. — If  any  of  the  school  trustees  of 
any  district  shall  fail  or  refuse  to  pay  into  the  proper  county 
treasury  the  money  arising  from  the  sale  of  any  bonds  pro- 
vided for  in  this  chapter,  they  shall  be  deemed  guilty  of  a 
felony  and  upon  conviction  thereof,  shall  be  punished  by  im- 
prisonment in  the  State  Penitentiary  for  a  term  of  not  less 
than  one  year,  nor  more  than  ten  years.' 

2038.  Repayment  of  Loans. — Whenever  heretofore  money 
has  been  loaned  or  advanced  to  the  board  of  school  trustees 
of  any  district,  for  the  erection  of  a  school  house  or  school 
houses  therein,  by  any  person  or  corporation,  in  reliance  upon 
the  proceeds  of  the  sales  of  bonds  for  the  repayment  of  the 
same,  the  issuance  of  which  bonds  has  been  voted  for  by  a 
majority  of  the  electors  of  such  district,  voting  at  an  election 
held  for  the  purpose  of  authorizing  the  issuance  of  the  same 
for  the  erection  of  a  school  house  or  school  houses,  which 
said  money  has  been  used  by  such  board  of  school  trustees 
in  the  erection  of  a  school  house  or  school  houses  in  such 
district,  but  which  bonds  when  issued  have  been  adjudged 
and  held  to  be  void  or  invalid  by  the  supreme  court  of  the 
state,  the  money  so  loaned  or  advanced  may  be  repaid,  to- 
gether with   the   interest  thereon   covering   the  period   for 
which  interest  has  not  been  paid,  at  the  rate  specified  in 
said  bonds  so  held  to  be  void;  said  payment  to  be  made  by 
the  board  of  school  trustees  to  the  person  or  corporation 
who  or  which  had  loaned  or  advanced  the  same,  from  the 
proceeds  of  the  sale  of  any  bonds  thereafter  issued  for  the 
purpose  of  building  one  or  more  school  houses  in  said  dis- 
trict, or  for  any  other  school  purpose. 

*See  also  Sec.  2112,  page  124. 


GENERAL    SCHOOL    LAW  111 

CHAPTER  XXI. 
County  High  Schools. 

2100.  Any    County    May    Establish    High    School. — Any 

county  in  the  state  may  establish  a  high  school  on  the  con- 
ditions and  in  the  manner  hereinafter  prescribed,  for  the 
purpose  of  affording  better  educational  facilities  for  pupils 
more  advanced  than  those  attending  the  elementary  schools. 

2101.  Petition  for  Establishment   and   Location. — When- 
ever one  hundred  freeholders  in  any  county  shall  petition  the 
board  of  county  commissioners,  requesting  that  a  high  school 
be  established  in  their  county,  the  county  clerk  shall  give 
twenty  days  notice,  by  publication  in  the  official  paper  of 
the  county,  that  such  petition  has  been  filed,  and  that  any 
village,  town  or  city  may  become  a  candidate  for  the  location 
of  said  high  school  upon  petition  of  not  less  than  fifty  free- 
holders of  said  village,  town  or  city,  requesting  that  said 
place  be  named  as  the  candidate  for  the  location  of  said  high 
school.     All  nominations  of  places  for  the  location  of  said, 
school  shall  be  filed  with  the  board  of  county  commission- 
ers within  thirty  days  from  the  date  of  the  first  publication 
of  said  notice.    Any  number  of  places  may  be  candidates  for 
the  location  of  said  school  but  no  freeholder  shall  append  his 
name  to  more  than  one  petition.     If  such  petition  is  filed 
at  any  time  when  the  board  of  county  commissioners  is  not 
in  session,  the  county  clerk  shall  notify  the  commissioners 
thereof,  and  a  special  meeting  shall  be  held  to  call  the  neces- 
sary election  herein  provided  for. 

2102.  Election.    Voting, — At  the  expiration  of  thirty  days 
from  the  date  of  the  first  publication  of  said  notice,  the 
county  commissioners  shall  call  an  election  and  appoint  pre- 
cinct judges  and  clerks.    Said  election  shall  be  conducted  in 
accordance  with  the  general  election  laws  of  the  state.    The 
county  clerk  shall  give  twenty  days  notice  of  such  election  by 
publication  in  the  official  paper  of  the  county  that  the  ques- 
tion of  establishing  a  high  school  in  said  county,  and  the  lo- 
cation thereof,  will  be  submitted  to  the  qualified  electors  of 
said  county  at  a  designated  time.    The  notice  shall  distinctly 
specify  the  places  which  are  candidates  in  the  forthcoming 
election.    The  qualified  electors  shall  vote  by  ballot,  for  or 
against  the  establishment  of  a  county  high  school,  and  on 
separate  ballots  with  the  names  of  the  place  or  places  that 


112  STATE     OF     MONTANA 

are  candidates  for  the  location  of  said  school  written  or  print- 
ed thereon,  vote  for  not  more  than  one  of  the  places  named 
upon  said  ballot  as  a  candidate  for  the  location  of  said 
school.  The  ballots  shall  be  substantially  in  the  following 
form: 


Ballot  No.  1. 

For  a  County  High  School, 
Against  a   County  High   School. 


Ballot  No.  2. 
Helena, 
Marysville. 


An  elector  desiring  to  vote  for  the  establishment  of  a  high 
school,  shall  do  so  by  placing  an  "x"  before  the  clause,  "For 
a  County  High  School,"  which  shall  be  a  vote  in  favor  of 
establishing  a  county  high  school.  An  elector  desiring  to 
vote  against  the  establishment  of  a  high  school,  shall  do  so 
by  placing  an  "x"  before  the  clause:  "Against  a  County 
High  School."  An  elector  desiring  to  vote  for  the  location 
of  a  county  high  school  at  a  certain  place,  shall  do  so  by 
placing  an  "x"  before  the  name  of  the  place  desired  for  the 
location  of  such  school. 

2103.  Canvass  of  Returns. — After  the  election,  the  ballots 
on  said  question  shall  be  canvassed  in  the  manner  provideth" 
for  general  county  elections,  and,  if  the  vote  in  favor  of 
establishing  a  county  high  school  shall  be  a  majority  of  all 
votes  cast  upon  said  proposition,  the  board  of  county  com- 
missioners shall  proceed  to  canvass  the  vote  for  the  different 
candidates  for  the  location  of  said  school,  and  the  village, 
town  or  city  having  the  largest  number  of  votes  for  the  loca- 
tion of  said  school,  provided  said  number  of  votes  be  a  ma- 
jority of  all  votes  cast  in  favor  of  the  measure,  shall  be  de- 
clared to  be  the  place  for  the  location  thereof.  If  the 
results  in  favor  of  establishing  such  high  school,  and  any 
candidate  for  its  location  has  a  majority,  the  board  of  county 
commissioners,  by  an  order  duly  entered  on  their  minutes, 
shall  so  declare  this  fact,  and  the  board  shall  immediately 
thereafter  appoint  six  persons,  residents  and  taxpayers  of 


GENERAL    SCHOOL    LAW  113 

the  county  not  less  than  three  nor  more  than  four  of  whom 
shall  be  residents  of  the  village,  town  or  city,  where  the 
school  is  located,  who  shall,  with  the  county  superintendent 
of  schools,  constitute  a  board  of  trustees  for  said  school. 

In  case  of  a  tie  vote  between  two  or  more  of  the  candidates 
having  the  highest  number  of  votes  for  the  location  of  said 
school,  the  county  commissioners  shall  immediately  call  an- 
other election  in  the  manner  provided  by  law  for  general 
county  elections,  at  which  the  only  question  to  be  submitted 
shall  be  the  location  of  said  school  and  only  the. names  of 
those  candidates  so  tied  shall  appear  upon  the  ballot. 

2104.     BOARD  OF  TRUSTEES. 

1.  Composition  of. — The  board  of  trustees  shall  consist  of 
seven  members  of  which  the  county  superintendent  shall  be 
a  member,  and  the  remaining  six  members  shall  be  appoint- 
ed by  the  county  commissioners. 

2.  Term. — The   term   of   office   of   trustees,    other   than 
the  county  superintendent,  except  of  those  especially  here- 
inafter provided  for,  shall  be  three  years  and  until  their  suc- 
cessors are  appointed  and  qualified. 

3.  Appointment. — The    county    commissioners    shall    ap- 
point at  their  regular  meeting  in  March,  1913,  three  trustees, 
two  for  a  three  year  term,  and  one  for  a  two  'year  term ;  in 
March,  1914,  they  shall  appoint  two  trustees  for  a  three  year 
term  and   one  trustee   for  a  one  year  term,   and   annually 
thereafter  at  their  quarterly  meeting  in  March  they  shall 
appoint  two  trustees  for  a  three  year  term.     Of  the  trus- 
tees appointed  not  less  than  three  nor  more  than  four  shall 
be  residents  of  the  village,  town  or  city  in  which  the  high 
school  is  located. 

4.  Vacancies. — Whenever    any    vacancy    occurs    in    said 
board  of  trustees,  from  any  cause  the  secretary  of  the  board 
shall    immediately   certify    such    vacancy    to    the    board    of 
county  commissioners. 

5.  Meeting.      Quorum. — The   county   high   school   boards 
shall  hold  four  regular  meetings  per  year,  on  the  third  Sat- 
urday of  April,  July,  October  and  January,  and  such  special 
meetings  not  to  exceed  two  in  any  one  month,  as  they  may 
deem  necessary.     The  provision  of  the  general  school  law 
as  to  notice,  time  and  place  of  meetings   shall  govern   all 
county  high  school  boards. 


114  STATE     OF     MONTANA 

A  majority  of  said  board  shall  constitute  a  quorum  for  the 
transaction  of  all  business. 

6.  Officers. — At  their  regular  April  meeting  in  each  year 
the  trustees   shall  choose  from  their  number,   a  president, 
vice-president,  and  secretary,  who  shall  hold  office  for  one 
year  or  until  their  successors  have  been  appointed  and  quali- 
fied, and  said  trustees  shall  have  authority  to  make  all  nec- 
essary rules  for  their  government,  not  inconsistent  with  the 
law.    The  county  treasurer  of  the  county  shall  be  the  treas- 
urer of  the  board  and  the  custodian  of  all  funds  available  for 
school  purposes. 

7.  Powers  and  Duties. — (a)     To  keep  a  record  of  all  the 
official  acts  done  by  said  board,  and  to  keep  a  full  record  of 
all  warrants  issued  against  moneys  belonging  to  said  county 
high  school.     Payments  of  money  can  only  be  made  upon 
warrants  drawn  against  said  funds  belonging  to  said  high 
school,  and  each  warrant  so  drawn  must  specify,  upon  its 
face  the  purpose  for  which  it  is  drawn. 

(b)  To  proceed  as  soon  as  practicable  after  their  appoint- 
ment and  qualification,  to  select  at  the  place  designated  as 
the  location  for  the  county  high  school,  the  best  site  that  can 
be  obtained,  and  the  title  thereto,  upon  securing  said  site  by 
purchase  or  otherwise,  shall  vest  in  the  county;  the  trustees 
shall  then  proceed  to  make  purchase  of  material  and  to  let 
such  contracts  for  necessary  school  buildings  as  they  may 
deem  proper.     They  shall  not,  however,  make  any  purchase 
or  enter  into  any  contract,  whereby  obligations  are  assumed 
in   excess   of  the   amount   of   funds   on   hand   or   available 
through  the  levy  of  taxes  for  the  current  year,  or  the  is- 
suance of  bonds. 

(c)  To  lease  at  their  discretion  suitable  buildings  for  the 
use  of  the  high  school  while  the  new  buildings  are  in  pro- 
cess of  erection,  or  to  contract  with  the  trustees  of  the  local 
school  district,  or  any  other  parties,  for  the  use  of  suitable 
buildings  for  high  school  purposes  for  such  time  as  may  be 
deemed  best  for  the  interests  of  the  county. 

(d)  To  employ  for  a  period  not  to  exceed  three  years 
some  suitable  person  to  take  charge  of  said  school  who  shall 
possess  such  qualifications  as  are  now  required  to  be  pos- 
sessed by  a  city  superintendent  of  schools;  except  that  said 
principal  shall  not  be  required  to  possess  more  than  three 
years  of  experience  in  teaching;  to  furnish  such  assistant 


GENERAL    SCHOOL    LAW  115 

teachers  as  they  may  deem  necessary,  and  to  designate  the 
salaries  which  shall  be  paid  to  said  principal  and  assistant 
teachers;  Provided,  that  such  teachers  shall  be  required  to 
have  the  qualifications  required  of  a  teacher  to  hold  a  po- 
sition in  a  district  high  school  and  also  to  hold  a  valid  Mon- 
tana certificate. 

(e)  To   adopt   on   the   recommendation   of  the   principal 
such  courses  of  study  as  will  properly  fit  the  student  attend- 
ing said  high  school  for  admission  to  the  collegiate  class  of 
any  of  the  state  educational  institutions,  and  sucn  course  of 
study  shall  contain  the  work  now  provided  for  accredited 
high  schools  by  the  state  board  of  education. 

(f )  To  admit  pupils  without  tuition  under  such  rules  and 
regulations  as  they  may  deem  proper  in  regard  to  age  and 
grade  of  attainments  essential  to  entitle  pupils  to  admission 
to  such  school;  Provided,  that  no  person  shall  be  admitted  to 
such  high  school  who  shall  not  have  satisfactorily  completed 
the  work  of  the  elementary  grades.     All  eligible  pupils  in 
the  county  are  entitled  to  attend   the   county  high   school 
and  it  shall  be  the  duty  of  the  board  to  provide  accommoda- 
tions for  such  pupils. 

(g)  To  admit  pupils  from  other  counties,  when  there  is 
room,  upon  the  payment  of  such  tuition  as  the  board  of  trus- 
tees may  prescribe;  but  at  no  time  shall  such  pupils  con- 
tinue in  such  school  to  the  exclusion  of  pupils  residing  in 
the  county  in  which  such  school  is  located. 

2105.  Compensation   of  Trustees. — The  trustees   who   do 
not  reside  at  the  place  where  said  high  school  is  establish- 
ed are  entitled  to  mileage  in  attending  the  meetings  of  the 
board.    The  trustees  of  said  high  school  shall  serve  without 
compensation,  but  may  pay  their  secretary  such  reasonable 
compensation  as  may  be  determined  and  the  board  shall  make 
such  reports,  from  time  to  time,  as  the  county  superintendent 
of  schools,  or  the  state  superintendent  of  public  instruction 
may  require. 

2106.  Principal  May  Make  Rules. — The  principal  of  any 
such  high  school  with  the  approval  of  the  board  of  trustees 
shall  make  such  rules  and  regulations  as  he  may  deem  proper 
in  regard  to  the  studies,   conduct  and   government   of   the 
pupils  under  his  charge ;  and  if  any  such  pupils  will  not  con- 
form to,  nor  obey,  the  rules  of  the  school,  they  may  be  sus- 


I 


116  STATE     OF     MONTANA 

pended  by  the  principal  or  expelled  therefrom  by  the  board 
of  trustees. 

2107.  Diploma  to  Admit  to  State  Collegiate  Institutions. 

—Upon  the  presentation  of  a  certificate  of  graduation  from 
any  such  county  high  school,  within  eighteen  months  from 
the  date  of  the  same,  to  any  state  institution  of  learning,  the 
person  presenting  the  same  may  be  admitted  without  fur- 
ther examination  to  said  institution  of  learning. 

2108.  Tax   Levy. — At  the  regular  April  meeting   or   at 
some  succeeding  meeting,  called  for  such  purpose,  said  trus- 
tees shall  make  an  estimate  of  the  amount  of  funds  needed 
for  building  purposes,  for  payment  of  teachers'  wages,  and 
for  payment  of  contingent  expenses  and  they  shall  present 
to  the  board  of  county  commissioners  a  certified  estimate 
of  the  rate  of  tax  required  to  raise  the  amount  desired  for 
such  purposes,  and  the  board  of  county  commissioners  must 
levy  such  tax  as  other  county  taxes  are  levied.     But  in  no 
case  shall  the  tax  for  such  purpose  exceed  in  one  year  the 
amount  of  five  mills  on  the  dollar  on  the  taxable  property 
of  the  county. 

2109.  Submission  to  Electors  of  Question  of  Bond  Issue. 
— The  secretary  of  the  board  of  county  high  school  trustees, 
whenever  a  majority  of  the  board  shall  so  decide,  shall  cer- 
tify to  the  board  of  county  commissioners  that  they  have 
decided  to  submit  to  the  electors  of  the  county,  the  question 
whether  the  county  bonds  shall  issue  for  the  purpose  of  the 
erection   or  purchase   of   a   building   or   buildings   for   high 
school  purposes  and  the  equipment  thereof,  or  for  the  erec- 
tion and  equipment  of  a  dormitory  or  dormitories,  or  gym- 
nasium, and  for  a  suitable  site  or  sites  therefor,  and  shall  in- 
clude in  such  certificate  the  amount  of  such  bonds,  which 
amount  shall  not  exceed  the  sum  of  Two  Hundred   Fifty 
Thousand  ($250,000)  Dollars,  in  any  one  county  of  the  first 
and  second  class,  and  One  Hundred  Fifty  Thousand   ($150,- 
000)  Dollars,  in  counties  of  the  third  class,  and  in  all  other 
counties  shall  not  exceed  the  sum  of  One  Hundred  Thousand 
($100,000)  Dollars  in  any  one  county.    Such  bonds  may  run 
for  a  term  of  twenty  years,  or  less,  but  no  longer;  Provided, 
that  any  such  issue  of  bonds  shall  not  increase  the  indebted- 
ness of  any  county  beyond  the  maximum  limit  fixed  by  the 
State  Constitution. 


GENERAL    SCHOOL    LAW  117 

That  as  soon  as  practicable  after  receiving  such  certificate 
the  board  of  county  commissioners  shall  proceed  to  submit 
the  question  of  issuing  said  bonds  to  the  qualified  electors 
of  the  county  in  the  manner  provided  by  law  for  the  issu- 
ance of  other  county  bonds.  If  such  bonds  are  issued  the 
county  commissioners,  at  the  time  of  making  the  levy  of 
taxes  for  county  purposes  each  year,  must  levy  a  tax  for 
that  year  upon  the  taxable  property  in  the  county  for  the 
interest  and  redemption  of  said  bonds,  and  such  taxes  must 
not  be  less  than  sufficient  to  pay  the  interest  on  said  bonds 
for  that  year  and  such  proportion  of  the  principal  as  is  to 
become  due  during  the  year,  and  in  any  event  must  be  high 
enough  to  raise  annually,  for  the  first  half  of  the  term,  a 
sufficient  sum  to  pay  the  interest  thereon  and  during  the 
balance  of  the  term,  high  enough  to  pay  said  annual  interest 
and  to  pay  annually  a  portion  of  the  principal  of  said  bond, 
equal  to  the  sum  produced  by  taking  the  whole  amount  of 
said  bonds  outstanding,  and  dividing  it  by  the  number  of 
years  said  bonds  have  to  run,  and  all  moneys  so  levied,  when 
collected,  must  be  paid  into  the  county  treasury  to  the  credit 
of  the  county  high  school,  kept  in  a  separate  fund  and  to  be 
used  for  the  payment  of  principal  and  interest  on  said  bonds, 
and  for  no  other  purpose;  Provided,  however,  that  the  ac- 
cumulated money  may  be  invested  as  is  provided  for  the  in- 
vestment of  money  collected  for  the  payment  of  school  dis- 
trict bonds.  Said  tax  shall  be  levied  and  collected  in  the 
same  manner  as  other  county  taxes. 

In  any  county  wherein  there  is  now  maintained  a  district 
high  school,  in  which  a  county  high  school  is  hereafter  cre- 
ated, the  bonds  to  be  issued  for  the  county  high  school  under 
the  provisions  of  this  section  shall  constitute  an  indebtedness 
only  against  so  much  of  the  said  county  as  is  not  included 
in  the  district  maintaining  said  high  school,  and  the  question 
of  the  issuance  of  said  bonds  shall  be  submitted  to  the  elec- 
tors only  who  reside  outside  of  such  district.  The  limi- 
tations on  the  indebtedness  to  be  created  by  the  issuance  of 
bonds  in  such  cases  and  the  method  of  levy,  assessment  and 
collection  of  taxes  for  the  payment  of  bonds  so  issued, 
hereinabove  set  forth,  shall  apply  only  to  so  much  of  the 
said  county  as  is  not  included  in  the  school  district  maintain- 
ing such  district  high  school. 


118  STATE     OF     MONTANA 

2110.  Payment  of  Bonds. — Said  bonds  shall  be  paid,  prin- 
cipal and  interest,  in  the  manner  provided  for  the  payment 
of  other  county  bonds. 

2111.  Assessment   for   Maintenance. — In   case   bonds   are 
issued,  the  trustees  in  making  estimates  for  the  maintenance 
of  the  high  school,  shall  not  include  estimates  for  building  or 
other  purposes  for  which  the  said  bonds  are  issued. 

2112.  1.     In  any  county  where  a  county  high  school  has 
been  established,  any  school  district  which  maintains  high 
school  classes  duly  accredited  by  the  State  Superintendent  of 
Public  Instruction  shall  be  entitled  on  such  accrediting  to 
share  in  all  county  high  school  moneys  levied  and  collected 
for  maintenance,  and  the  money  derived  from  such  levy  shall 
be  apportioned  by  the  county  superintendent  of  schools  to  the 
several    accredited    high    schools    in    the    county    according 
to  the  average  daily  attendance  in  accredited  high   school 
classes  for  the  school  year  next  preceding,  as  determined  by 
the  said  county  superintendent. 

2.  In  any  county  where  no  county  high  school  has  been 
established,  but  in  which  one  or  more  districts  maintain  high 
school  classes  duly  accredited  by  the  State  Superintendent  of 
Public  Instruction,  a   special  tax   levy  not   exceeding  three 
mills  on  each  dollar  of  taxable  property  in  the  district  may 
be  made  for  the  benefit  of  such  high  schools.     When  such 
levy  is  to  be  made,  the  chairman  of  the  board  of  trustees 
of  each  school  district  shall,  on  or  before  the  first  day  of 
August  in  each  year,  severally  recommend  and  advise  the 
board  of  county  commissioners  as  to  how  many  mills  the 
tax  levy  should  be  on  each  dollar  of  taxable  property,  and 
the  board  of  county  commissioners  shall  thereupon  fix  the 
levy  not  exceeding  three  mills  according  to  their  own  judg- 
ment at  a  rate  which  will  raise  sufficient  money  to  meet  the 
reasonable  expenditures  of  such  accredited  high  schools  for 
maintenance  during  the  ensuing  school  year,  and  the  money 
derived  from  such  levy  shall  be  apportioned  by  the  county 
superintendent  of  schools  to  the  several  districts,  in  which 
such  tax  is  levied,  according  to  the  average  daily  attendance 
in  accredited  high  school  classes  for  the  school  year  next 
preceding,  as  determined  by  the  said  county  superintendent. 

3.  Attendance  at  any  high  school  to  whose  support  such 
money  is  apportioned  in  accordance  with  the  provisions  of 
this  Act  shall  be  free  to  all  eligible  pupils  residing  within 


GENERAL    SCHOOL    LAW  119 

the  district  in  the  county  in  which   such  accredited   high 
school  is  situated. 

2113.  Prior  Acts  Validated.    All  acts  and  things  of  any 
kind  whatever,  done  by  any  board  of  county  free  high  school 
trustees,  or  by  any  board  of  county  commissioners,  of  this 
state  prior  to  the  passage  of  this  act,  under  the  provisions 
of  the  Act   of   March   3d,    1899,   for  the   establishment   of 
county  free  high  schools,  or  under  the  act  of  March  14,  1901, 
or  the  Act  of  March  5,  1899,  shall  be  and  are  hereby  ratified 
and  declared  to  be  valid  and  of  full  force  and  effect. 

2114.  Same. — That  all  acts  heretofore  done  by  any  board 
of  county  commissioners  in  this  state  in  connection  with  the 
submission  to  the  electors  of  their  county  of  the  question  of 
establishing  and  locating  a  county  free  high  school,  and  upon 
which  acts  such  question  was  in  fact  submitted  to  the  elec- 
tors of  such  county  and  a  majority  of  all  votes  cast  at  such 
election  was  in  favor  of  the  establishment  and  location  of 
such  high  school  and  so  found  and  declared  by  the  board  of 
county  commissioners,  shall  be,,  and  are  hereby  ratified  and 
declared  to  be  valid  and  of  full  force  and  effect. 

2115.  Bond  Legalized. — That  all  bonds  issued  or  author- 
ized to  be  issued,  at  any  time  prior  to  the  passage  of  this 
Act,   by   the   board   of   trustees    of   any   county   free   high 
school  in  this  state,  where  the  question  of  the  issuance  of  the 
same  was  first  submitted  by  said  trustees  to  the  electors  of 
the  county  and  a  majority  of  all  votes  cast  at  such  election 
were  in  favor  of  said  bond  issue,  and  so  found  and  declared  by 
said  board  of  trustees  are  hereby  ratified  and  declared  to  be 
valid  and  legal  obligations  and  of  full  force  and  effect. 

CHAPTER  XXII. 

Miscellaneous : 

2200.  Gender. — Whenever  the  word  "he"  or  "his"  occurs 
in  this  title,  referring  either  to  the  members  of  the  board  of 
trustees,  county  superintendent,  teachers,  school  officers,  or 
children,  it  shall  be  understood  to  mean  also  "she"  or  "her." 

2201.  Fines  and  Penalties. — All  fines  and  penalties,  not 
otherwise  provided  for  in  this  title,  shall  be  collected  by  an 
action  in  any  court  of  competent  jurisdiction,  and  shall  be 
paid  into  the  county  school  fund  immediately  after  collection. 

2202.  Printing  and  Binding. — All  printing  and  binding  re- 
quired under  this  title  shall  be  executed  in  the  form  and 


I 


120  STATE     OF     MONTANA 

manner,  and  at  a  price  not  exceeding  other  county  printing, 
and  shall  be  paid  in  like  manner  out  of  the  general  school 
fund. 

2203.  School  Officers  Not  to  Act  as  Agents.— Neither  the 
superintendent  of  public  instruction,  nor  any  person  in  his 
office,   nor  any   county   superintendent,   nor   school   district 
officer,  nor  any  officer  or  teacher  connected  with  any  public 
school,  shall  act  as  agent  or  solicitor  for  the  sale  of  any  school 
books,  maps,  charts,   school  library  books,   school  furniture 
or  apparatus,  or  furnish  any  assistance  to,  or  receive  any 
reward  therefor,  from  any  author,  publisher,  bookseller  or 
dealer,  doing  the  same.     Every  person  violating  this  section 
shall  be  deemed  guilty  of  a  misdemeanor  and  be  liable  to  a 
fine  of  not  less  than  fifty  nor  more  than  two  hundred  dollars 
for  each  offense,  and  shall  be  liable  to  removal  from  office 
therefor. 

2204.  Purchase    of    Charts,    Maps,    and    Apparatus. — No 
warrants  issued  by  board  of  trustees  in  districts  of  the  third 
class  in  payment  for  charts,  maps  or  apparatus  shall  be  paid 
by  the  county  treasurer  until  such  warrant  has  been  counter- 
signed by  the  county  superintendent. 

2205.  Oath  of  Office.     Any  person  elected  or  appointed 
to  any  office  mentioned  in  this  title  shall,  before  entering 
upon  the  discharge  of  the  duties  thereof,  take  the  oath  of 
office.     In  case  such  officer  has  a  written  appointment  or 
commission,  his  oath  shall  be  endorsed  thereon;  otherwise  it 
may  be  taken  orally ;  in  either  case  it  may  be  sworn  to  before 
any  officer  authorized   to   administer  all   oaths   relative   to 
school  business  appertaining  to  their  respective  offices,  with- 
out charge  or  fee. 

2206.  Duty   of   County   Attorney. — The   county   attorney 
shall  be  the  legal  adviser  of  the  county  superintendent,  and 
all  school -trustees,  and  shall  prosecute  and  defend  all  suits  to 
which  a  district  may  be  a  party. 

2207.  Penalties. — Any  person  who  shall  violate  any  pro- 
visions of  this  title  shall  be  deemed  guilty  of  a  misdemeanor 
(when  not  otherwise  provided  in  this  title)  and  upon  a  con- 
viction thereof  shall  be  fined  in  a  sum  not  less  than  twenty 
dollars  nor  more  than  two  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than  five  days  nor  more 
than  thirty  days,  or  by  both  such  fine  and  imprisonment. 
The  following  sections  of  the  Revised  Codes  of  the  State  of 


GENERAL    SCHOOL    LAW  121 

Montana  642,  643,  644,  645,  646,  647,  648,  649,  650,  651, 
652,  653,  654,  655,  656,  657,  658,  659,  660,  661,  662,  663,  664, 
665,  791,  792,  793,  794,  795,  796,  797,  798,  799,  800,  801,  802, 
803,  804,  805,  806,  807,  808,  809,  810,  811,  812,  813,  814,  815, 
816,  817,  818,  819,  820,  821,  822,  823,  824,  825,  826,  827, 
828,  829,  830,  831,  832,  833,  834,  835,  836,  837,  838,  839, 
840,  841,  842,  843,  844,  845,  846,  847,  848,  849,  850,  851, 
852,  853,  854,  855,  856,  857,  858,  859,  860,  861,  862,  863, 
864,  865,  866,  867,  868,  869,  870,  871,  872,  873,  874,  875, 
876,  877,  878,  879,  880,  881,  882,  883,  884,  885,  886,  887, 
888,  889,  890,  891,  892,  893,  894,  895,  896,  897,  898,  899, 
901,  902,  903,  904,  905,  906,  -907,  908,  909,  910,  911,  912, 
913,  914,  915,  916,  917,  918,  919,  920,  921,  922,  923,  924. 
925,  926,  927,  928,  929,  930,  931,  932,  933,  934,  935,  936, 
937,  938,  939,  940,  941,  942,  943,  944,  945,  946,  947,  948, 
949,  950,  951,  952,  953,  954,  955,  956,  957,  958,  959,  960, 
961,  962,  963,  964,  965,  966,  967,  968,  969,  970,  971,  972, 
973,  974,  975,  976,  977,  978,  979,  980,  981,  982,  983,  984, 
985,  986,  987,  988,  989,  990,  991,  992,  993,  994,  995,  996, 
997,  998,  999,  1000,  1001,  1002,  1003,  1004,  1005,  1006, 
1007,  1008,  1009,  1010,  1011,  1012,  1013,  1014,  1015,  1016, 
1017,  1018,  1019,  1020,  1021,  1022,  1023,  1024,  1025,  1026, 
1027,  1028,  1029,  1030,  1031,  1032,  1033,  1034,  1035,  1036, 
1037,  1038,  1039,  1040,  1041,  1042,  1043,  and  1044,  and 
Chapters,  11,  22,  27,  28,  31,  32,  35,  73,  98,  of  the  laws  of 
1909,  and  Chapters  16,  24,  40,  41,  42,  71,  82,  102  and  131 
of  the  laws  of  1911,  and  all  acts  heretofore  passed  amenda- 
tory thereof  are  hereby  expressly  repealed. 

All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

This  Act  shall  take  effect  and  be  in  full  force  and  effect 
from  and  after  its  passage  and  approval. 

Approved  March  12,  1913. 


122  STATE     OF     MONTANA 

Public  School  Teachers'  Retirement  Salary  Fund 

Act 

CHAPTER  95,  SESSION  LAWS,  1915. 

"An  Act  creating  certain  funds  in  the  State  Treasury  to  provide 
for  retirement  of  public  school  teachers ;  providing  for  the 
creation  of  these  funds  by  contributions  from  teachers, 
investment  of  funds,  gifts  to  funds,  and  appropriations; 
providing  for  the  custody  and  management  of  these  funds ; 
providing  for  the  collection,  condition  of  investment  and 
condition  of  distribution  of  the  funds;  providing  for  the 
creation  of  boards  to  have  charge  of  the  funds,  and  pre- 
scribing the  duties  and  powers  of  such  boards;  providing 
for  place  of  meeting  of  such  board ;  providing  for  help  and 
expenditures  for  such  board  in  meeting  and  carrying  out 
the  provisions  of  this  Act;  providing  conditions  under 
which  teachers  may  receive  distribution  of  these  funds 
including  the  amount  of  time  and  term  of  payment." 
Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of 

Montana : 

Section  1.  There  are  hereby  established  two  funds  in  the 
State  Treasury  to  be  known,  respectively,  as  the  Public 
School  Teachers'  Retirement  Salary  Fund  and  the  Public 
School  Teachers'  Permanent  Fund.  The  Public  School  Teach- 
ers' Permanent  Fund  shall  be  made  up  of  all  moneys  received 
from  the  following  sources  or  derived  in  the  following  man- 
ner: 

(1)  All   contributions   made  by   teachers   as   hereinafter 
provided : 

(2)  The  income   and   interest  derived   from   the   invest- 
ment of  the  moneys  contained  in  such  fund: 

(3)  All  donations,  legacies,  gifts  and  bequests  which  shall 
be  made  to  such  fund,  and  all  moneys  which  shall  be  obtained 
or  contributed  for  the  same  purposes  from  other  sources; 

(4)  Appropriations  made  by  the  State  Legislature  from 
time  to  time  to  carry  into  effect  the  purposes  of  this  Act. 

Section  2.  The  Public  School  Teachers'  Retirement  Salary 
Fund  shall  be  made  up  of  such  moneys  as  shall  be  transferred 
from  time  to  time,  under  authority  of  this  Act,  from  the 
Public  School  Teachers'  Permanent  Fund. 


GENERAL    SCHOOL    LAW  123 

Section  3.  It  shall  be  the  duty  of  the  State  Treasurer 
when  notified  by  the  Public  School  Teachers'  Retirement 
Salary  Fund  Board,  or  by  the  State  Superintendent  of  Public 
Instruction,  under  authority  of  this  Act,  to  make  such  trans- 
fers of  such  amounts  from  the  Public  School  Teachers'  Per- 
manent Fund  to  the  Public  School  Teachers'  Retirement  Sal- 
ary Fund,  as  will  be  sufficient  to  meet  the  claims  which  may 
be  legally  drawn  against  said  Public  School  Teachers'  Re- 
tirement Salary  Fund. 

Section  4.  There  shall  be  deducted  from  the  salary  of 
every  teacher  subject  to  the  provisions  of  this  Act,  one  dol- 
lar from  the  compensation  paid  to  such  teacher  for  every 
month  for  which  such  teacher  receives  compensation,  and 
every  official  whose  duty  it  is  to  pay  such  teacher's  salary 
shall  make  said  deduction  at  the  time  of  payment  and  shall 
at  the  end  of  each  quarter  draw  a  warrant  in  favor  of  the 
State  Treasurer  for  the  amounts  deducted.  The  amounts 
thus  deducted  shall  be  deposited  in  the  State  Treasury  to  the 
credit  of  the  Public  School  Teachers'  Permanent  Fund,  and 
shall  constitute  a  part  thereof. 

Section  5.  No  person  shall  be  eligible  to  receive  the  bene- 
fits of  this  Act  who  shall  not  have  paid  into  said  Public 
School  Teachers'  Permanent  Fund  an  amount  equal  to  twelve 
dollars  for  each  year  of  service,  up  to  and  including  twenty- 
five  years;  provided,  however,  that  the  difference  between 
the  amount  actually  paid  by  such  teacher  of  twenty-five 
years'  service  and  three  hundred  dollars  may  be  paid  into 
said  fund  by  such  teacher  at  the  time  of  retirement,  with 
the  same  effect  as  if  the  full  sum  of  three  hundred  dollars 
had  been  paid  at  rate  of  twelve  dollars  per  year  before  re- 
tirement ;  or  the  sum  of  twenty  dollars  per  month  be  withheld 
from  such  teacher's  retirement  salary  until  the  amount  so 
withheld  shall  equal  the  difference  between  the  said  sum  of 
three  hundred  dollars  and  the  amount  theretofore  paid  into 
said  fund  by  such  teacher. 

Section  6.  The  Superintendent  of  Public  Instruction,  the 
Treasurer,  and  the  Attorney  General  of  the  State  of  Montana, 
shall  constitute  the  Public  School  Teachers'  Retirement  Sal- 
ary Fund  Board. 

Section  7.  The  Public  School  Teachers'  Retirement  Salary 
Fund  Board,  subject  to  the  provisions  of  this  Act,  shall  have 
power  and  it  shall  be  its  duty: 


124  STATE     OF     MONTANA 

(1)  To  approve  and  allow  retirement  salaries  to  public 
school  teachers  and  certain  school   officers  entitled  to  the 
same  under  the  provisions  of  this  Act. 

(2)  Through  one  of  its  members   designated  by  it  for 
that  purpose,  to  certify  all  claims  and  demands  against  the 
Public   School   Teachers'    Permanent    Fund   and   the   Public 
School  Teachers'  Retirement  Salary  Fund,  including  all  re- 
tirement salary  demands  to  the  State  Board  of  Examiners, 
who  shall  audit  same  and  direct  the  State  Auditor  to  draw 
his  warrant  therefor  upon  the  State  Treasurer,  payable  out 
of  said  fund;  provided  that  no  demand  shall  be  allowed  ex- 
cept after  resolution  duly  passed  at  a  meeting  of  the  Board 
by  a  majority  of  its  members,  which  adoption  shall  be  at- 
tested by  the  secretary. 

(3)  To  require  the  boards  of  education,  school  trustees 
and  other  public  authorities,  and  all  officers  having  duties 
to  perform  in  respect  to  the  contributions  by  teachers  to  said 
permanent  fund,  to  report  to  the  Board  from  time  to  time 
as  to  such  matters  pertaining  to  the  payment  of  such  con- 
tributions as  it  may  deem  advisable. 

(4)  To  invest  the  moneys  in  the  permanent  fund  in  secur- 
ities, and  to  collect  the  income  therefrom  and  interest  and 
dividends  thereon;  to  deposit  such  securities  with  the  State 
Treasurer,  and  to  make  sale  of  such  securities  when  in  its 
judgment  such  sale  will  be  advisable;  provided  that  none  of 
the  moneys  in  the  Public  School  Teachers'  Permanent  Fund 
shall  be  invested  in  any  securities  except  such  as  are  legally 
designated  for  investment  of  the  public  school  fund. 

All  bonds,  mortgages,  and  other  securities  shall  be  deposit- 
ed with  and  remain  in  the  custody  of  the  State  Treasurer, 
who  shall  collect  all  interest  due  thereon,  and  all  the  income 
therefrom,  as  the  same  shall  become  due  and  payable.  The 
State  Auditor  is  authorized  to  draw  his  warrant  upon  the 
Public  School  Teachers'  Permanent  Fund  in  payment  of  duly 
audited  claims  arising  out  of  the  investment  of  the  moneys 
in  such  fund. 

(5)  To  appoint  a  secretary  from  the  office  force  of  the 
State  Superintendent  of  Public  Instruction  and  prescribe  the 
duties  of  such  secretary. 

(6)  To  conduct  investigations  in  all  matters  relating  to 
the  operation  of  this  Act,  and  to  subpoena  witnesses  and  com- 


GENERAL    SCHOOL    LAW  125 

pel  their  attendance  to  testify  before  it  in  respect  to  such 
matters. 

Section  8.  Said  Public  School  Teachers'  Retirement  Salary 
Fund  Board  shall  meet  at  least  once  every  three  months  and 
at  such  quarterly  meeting  shall  make  a  list  of  all  persons 
entitled  to  payment  out  of  the  fund  established  by  this  Act, 
and  enter  said  list  in  a  book  to  be  kept  by  the  Board  for  that 
purpose,  to  be  known  as  the  "Public  School  Teachers'  Re- 
tirement Salary  Fund  Record."  Said  list  shall  be  certified  as 
correct  by  the  chairman  and  secretary  of  the  Board,  and 
shall  always  be  open  to  public  inspection.  In  the  performance 
of  the  duties  of  the  Board  each  member  and  secretary  there- 
of may  administer  oaths  and  affirmations  to  witnesses  and 
others  transacting  business  with  the  Board. 

Section  9.  The  said  Public  School  Teachers'  Retirement 
Salary  Fund  Board  shall  hold  its  meetings  at  the  office  of  the 
State  Superintendent  of  Public  Instruction.  It  shall  be  en- 
titled to  the  use  of  the  offices  of  the  said  State  Superin- 
tendent, who  is  empowered  to  employ  such  additional  help 
and  make  such  expenditures  for  stationery,  stamps,  etc.,  as 
may  be  necessary  for  the  creation,  maintenance  and  enforce- 
ment of  this  Act,  for  which  the  Legislature  shall  be  requested 
to  make  such  appropriations  as  may  from  time  to  time  be 
deemed  necessary. 

Section  10.  The  board  shall  make  rules  and  regulations 
not  inconsistent  with  the  provisions  of  this  Act,  which  shall 
have  the  force  and  effect  of  law.  Such  rules  and  regulations 
shall: 

(1)  Provide  for  the  conduct  and  regulation  of  the  meet- 
ings of  the  Board  and  the  operation  of  the  business  thereof: 

(2)  Provide  for  the  enforcement  and  carrying  into  effect 
of  the  provisions  of  this  act; 

(3)  Establish  a  system  of  accounts,  showing  the  condi- 
tion of  the  Public  School  Teachers'   Permanent  Fund   and 
the  Public  School  Teachers'  Retirement  Salary  Fund,  and  re- 
ceipts and  disbursements  for  and  on  account  of  said  funds ; 

(4)  Prescribe  the  form  of  warrants,  vouchers,  receipts, 
reports  and  accounts  to  be  used  in  respect  to  said  funds; 

(5)  Regulate  the  duties  of  boards  of  education,   school 
trustees  and  other  school  authorities,  imposed  upon  them  by 
this  Act,  in  respect  to  the  contribution  by  teachers  to  the 


126  STATE     OF     MONTANA 

Public  School  Teachers'  Permanent  Fund,  and  the  deduction 
of  such  contributions  from  the  teachers'  salaries. 

Section  11.  In  addition  to  the  powers  hereinabove  enum- 
erated said  Board  shall  make  and  enforce  all  necessary  and 
proper  rules  and  regulations  for  the  method  or  methods  of 
applying  for  and  obtaining  retirement  salaries  provided  for 
in  this  Act,  and  for  the  method  or  methods  of  determining 
the  right  of  each  applicant  to  such  retirement  salary;  pro- 
vided, however,  that  in  all  cases  legal  proof  of  all  necessary 
facts  shall  be  required  and  kept  on  file. 

Section  12.  The  County  Superintendent  shall  report  to 
the  State  Superintendent  of  Public  Instruction,  before  the 
fifteenth  day  of  July  of  each  year,  the  names  of  all  persons 
claiming  and  the  amount  that  will  be  required  during  the 
current  fiscal  year  to  pay  the  retirement  salaries  to  be  paid 
in  such  district  or  county,  and  said  State  Superintendent  of 
Public  Instruction  shall  determine  from  saia  reports  the 
entire  amount  required  to  pay  said  retirement  salaries 
during  said  fiscal  year.  He  shall  report  the  amount  required 
to  make  such  payments  to  the  Public  School  Teachers'  Re- 
tirement Salary  Fund  Board,  and  thereupon  after  verifying  or 
correcting  same,  said  Board  shall  notify  the  State  Treasurer, 
and  by  resolution,  duly  adopted,  shall  direct  him  to  make 
transfer  of  the  needed  amount  from  the  Public  School  Teach- 
ers' Permanent  Fund  to  the  Public  School  Teachers'  Retire- 
ment Salary  Fund.  It  shall  be  the  duty  of  the  State  Treas- 
urer thereupon  to  make  such  transfer.  When  claims  for  pay- 
ment of  retirement  salaries  have  been  duly  audited  under 
the  provisions  of  this  Act,  the  State  Auditor  shall  draw  his 
warrant  therefor  upon  the  said  Public  School  Teachers'  Re- 
tirement Salary  Fund;  provided,  that  no  retirement  salary, 
under  the  provisions  of  this  Act,  shall  be  paid  on  or  before 
the  first  day  of  January,  -1919. 

Section  13.  Every  public,  state  or  county  school  teacher 
who  shall  have  served  as  a  legally  qualified  teacher  in 
public,  state  or  county,  day  or  evening  schools  or  partly 
as  such  teacher  and  partly  as  state  or  county  or  city  sup- 
erintendent or  supervising  executive  or  educational  admin- 
istrator for  at  least  twenty-five  school  years  at  least  fif- 
teen of  which  shall  have  been  in  the  schools,  as  hereinbefore 
specified,  of  this  State,  including  the  last  ten  years  of  actual 
service  unless  leave  of  absence  shall  have  been  granted  by 


GENERAL    SCHOOL     LAW  127 

proper  school  authorities,  shall  be  entitled  to  retirement,  no 
time  included  in  such  leave  of  absence  to  be  reckoned  as  time 
of  service.  Upon  retirement  such  teacher  shall  be  entitled 
to  receive  during  life  an  annual  retirement  salary  of  Six 
Hundred  ($600.00)  Dollars,  payable  in  installments  quarterly 
by  warrants  drawn  as  provided  in  this  Act. 

Provided,  the  teachers  in  the  service  of  the  State  at  the 
time  of  the  passage  of  this  Act,  who  shall  have  served  in 
states  other  than  this,  shall,  at  the  end  of  twenty-five  years' 
service  the  last  ten  of  which  shall  be  in  this  State  as  herein- 
before provided,  be  entitled  to  the  benefits  of  this  Act. 

Section  14.  Any  legally  qualified  public  state,  or  county 
school  teacher  who  shall  have  served  as  such  or  in  the 
capacity  of  school  officer  as  hereinbefore  specified  for  at 
least  fifteen  school  years  in  the  public  schools  or  school  of- 
fices as  specified  above,  of  this  State,  and  who  shall,  by  rea- 
son of  bodily  or  mental  infirmity,  have  become  physically  or 
mentally  incapacitated  for  further  school  service,  shall  be 
entitled  to  retire,  or  may,  by  the  Board  of  Education,  school 
trustees  or  other  school  authorities  employing  such  teacher, 
be  compelled  to  retire.  Upon  such  retirement,  voluntary  or 
involuntary,  such  teacher  shall  be  entitled  to  receive,  during 
the  periods  of  such  disability,  an  annual  retirement  salary, 
which  shall  bear  the  same  proportion  to  Six  Hundred 
($600.00)  Dollars  as  is  borne  by  the  number  of  years  of  said 
teachers'  time  of  service  to  twenty-five  years. 

Section  15.  In  counting  the  actual  time  of  service  for  the 
purpose  of  this  Act,  the  Public  School  Teachers'  Retirement 
Salary  Fund  Board  shall  determine  what  constitutes  a  school 
year. 

Section  16.  This  Act  shall  be  binding  upon  all  teachers 
employed  in  the  public,  state  or  county  schools  of  this  State 
at  the  time  of  the  approval  of  this  Act,  as  shall  on  or  before 
January  1st,  1916,  sign  and  deliver  to  the  Superintendent  of 
Public  Instruction,  or  to  the  County  Superintendent,  a  notifi- 
cation that  said  teachers  agree  to  be  bound  by  and  avail  them- 
selves of  the  benefits  of  this  Act. 

Section  17.  This  Act  shall  be  binding  upon  all  teachers 
elected  or  appointed  to  teach  in  the  public  schools  of  this 
State  after  the  approval  of  this  Act,  who,  not  being  in  the 
service  of  the  public  schools  at  the  time  of  the  approval  of 


I 


128  STATE     OF     MONTANA 

this  Act,  were  not  competent  to  sign  or  deliver  the  notifica- 
tion specified  in  the  preceding  section. 

Section  18.  If  any  teacher  retired  under  the  provisions 
of  this  Act,  shall  be  re-employed  in  the  public  schools  of  this 
or  of  any  other  state,  such  teacher 's  retirement  salary  shall 
not  be  paid  for  or  during  such  period  of  employment;  and  if 
any  teacher  having  qualified  under  Section  14  of  this  Act, 
returns  to  service  in  the  public  schools  of  the  State  and 
thereafter  qualifies  under  this  Act,  there  shall  be  deducted 
from  the  retirement  salary  payable  to  such  teacher  under 
the  provisions  hereof  the  amount  of  retirement  salary  there- 
tofore actually  received  by  such  teacher  under  the  provisions 
hereof,  such  amount  to  be  so  deducted  in  equal  quarterly  in- 
stallments until  the  whole  amount  so  received  shall  have  been 
deducted;  provided,  however,  that  the  amount  of  such  de- 
ductions to  be  made  quarterly  shall  not  exceed  thirty-five 
dollars. 

Section  19.  No  one  shall  be  permitted  to  draw  from  the 
State,  directly  or  indirectly,  more  than  one  retirement  salary. 
Nothing  in  this  Act  shall  be  so  construed,  however,  as  to  pre- 
vent local  communities  or  bodies  of  teachers  from  supple- 
menting the  retirement  salary  received  from  the  State. 

Section  20.  Should  the  courts  declare  any  section  of  this 
Act  unconstitutional  or  unauthorized  by  law  or  in  conflict 
with  any  other  provision  of  this  Act,  then  such  decision  shall 
affect  only  the  section  or  provision  so  declared  to  be  uncon- 
stitutional or  void,  and  shall  not  affect  any  other  section  or 
part  of  this  Act. 

Section  21.  All  Acts  and  parts  of  Acts  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed. 

Section  22.  This  Act  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval. 

Approved  March  8,  1915. 


GENERAL    SCHOOL     LAW 


129 


INDEX 


A. 

Sec.  Page 

Agent,    school    officers    not    to    act    as 2203  120 

Agriculture,    teacher,    certificate    of 800-2,    905-le  58,  66 

Air,    amount  of   in    school   houses 1602  81 

Apparatus,    shall    not    be    purchased    in    district    of    the    third 

class,   unless  authorized   by  the  County  Superintendent. ..  .513,  2204  52,  120 

Appeal,    by    teacher    when    dismissed     805  61 

Appeal    from    decision    of    County    Superintendent 202-10,  302-11  25,  29 

Appeal    on    examination    papers 905-3  66 

Apportionment   County   School   Fund    302-9,   404,   607,  2003     28,  33,  54     i>6 

Apportionment     state     school     fund 202-12  25 

Apportionment,    transfer    of    from    one    district    to    another 507-5  47 

Arbor      Day      1401  79 

Architecture,    school  house    1601  81 

Assessor,    county,    duty   of    2011  99 

Attendance,      compulsory      1100  71 

Attorney,    county,    duty   of 2206  120 

B. 

Blanks   furnished   by    State    Superintendent 202-2  23 

Board  of   Education,    State,    Chapter  I. 

Board    of    Educational    Examiners 901-904  63 

Bonds,  how     issued      ; ^015  100 

Bonds,  county   high   school    2109  116 

Bonds,   disposal  of  proceeds  of   2031  109 

Bonds,  election   for 2016  100 

Bonds,  notice    of    sale    of ' 2017  101 

Bonds,      printing     of 2023.  2036       104,  110 

Bonds,  redemption     of      2020,   2034       102,  107 

Bonds,     refunding     2030  107 

Bonds,  school    district    liable    on     2018,  2030       101,  107 

Booivs,  library,    selection    of    1205,  78 

Borrowed    money    for    maintenance    of    schools 2025  104 

Boundaries,  school  districts,   how  changed   406  36 

Boundaries,   school  districts,   shall  be   correctly  kept  by  County 

Superintendent     302  29 

Building   and    furnishing    fund    2007  98 

C. 

Care   of  school   houses    1606  82 

Census,    scnool    302-15,       512         30,     51 

Certificate,   credit  on   for  summer  school  work 1006-3  71 

Certificate,    commerd'al    teacher    800-3,  905-le  58,  66 

Certificates,  examinations  for  teachers,   Chapter  1^. 

By    Board    of    Educational    Examiners .. 905  64 

Existing    validated    909  67 

Fees    for    905-2  b6 

Higher  grade,  how  secured    907  67 

Life     diplomas     108  19 

Principals'   and   high   school   teachers'    910  68 

Registration    of     800-3,  905-le  t>9,  66 

Renewal     of      906,  909  67 

Revocation     of     1 08-4,  905-4  20,  66 

Second,    first   and   professional   grade 905-1  64 

Shall   be  held  by  teachers    800  58 

opecial      800-3,  905-1,  58,  64 

State     108  19 

State,  registration  of   108-3  20 

Teachers',     suspension     of     806  52 

Temporary    or   permits    202-14,   302-4,  905-ld       26,  28,   65 


130  STATE     OF     MONTANA 

Sec.  Page 

Charts  anu  ouier  apparatus,  shall  not  be  purchased  by  dis- 
tricts of  third  class,  unless  authorized  by  County  Superin- 
tendent   ju3,  2204  52,  120 

Children   between   fourteen   and   sixteen,    employment   of 1102  73 

Children,    pauper    1108  76 

Children,   paroled    1905  92 

Children   under   fourteen,    employment   prohibited    1101  72 

City   Superintendent  of   Schools,    Chapter  XV. 

Clerk,   board  school  trustees,   duties   of 512  50 

Appointment    of     504  45 

Vacancy      502-8  44 

Clerk,    district   court,    duty   of    2012  99 

Clerks,    duties   or   relative   to    trustees    1104  74 

Clerks,    school   districts  to   report  as   to   use   of  prescribed   text 

books    1810  90 

Clerk    to    county   superintendent    302-19  3U 

Clothing  for  pupils  in  industrial  school,  parents  to  provide 1903  92 

Commission,    Text    Book,    Chapter  ;XVIII. 

Commitment   to   Industrial   School    1107  76 

Communicable  diseases,    prevention   of,    instruction   in 612  56 

Compensation  of  school  trustees    503  45 

Compulsory  attendance,   Chapter  XI. 

Consolidated    districts     407  37 

Contracts,   trustees  not  to  be  'interested  in 509  49 

Controversies,  school   302-11  29 

corporal  punisnment,  how  administered    *. 803-6  61 

County  attorney,  duty  of 2206  120 

County  Board  of  Educational  Examiners 900-904  62 

County   high   schools,    Chapter   XXI. 

Diploma  admits  to  state  collegiate  institutions 2107  116 

Establishment  of    2101  111 

Principal    2104,  2106       113,  115 

Relation  to  district  hligh  schools    2112  118 

Tax   levy    2108  116 

Trustees 2104  113 

County  Superintendent  of  Schools,   Chapter  III. 

Appeals  from  decisions  of  202-10,  302-11,  404-1,  405-1,   406  25,  29,  33,  35,  37 

Duties  of    302  27 

Election   of    302-2  2+_ 

Qualifications     of     300-1  2? 

Shall   act    as    truant   officer    302-8  28 

Shall   hold    trustees'    meetings    302-3  28 

Shall   keep  office  open   5   days   per   month 302-18  30 

Shall    visit     schools 302-2  27 

Term   of 300-3  27 

Vacancy    in    office     300-5  27 

Course  of  study  in   elementary   schools    601  52 

Course    of    study    preparation    of    202-8  24 

Credits,    normal    school    allowed     908  67 

D. 

Day,     school     605  53 

Dismissal     of    teacher     805  b  I 

Disorderly   persons,    juvenile    1106 

Disputes,    school,    by   whom    settled    302-11  29 

District  boundaries,    how   changed    406  36 

District,    classification    of 401  31 

Districts,     consolidated     407  37 

Districts,    joint    408  3U 

District     denned     400  31 

District,    division  of,    having  more  than   one   school   house 405  34 

District   new,    organization    of    404  32 


GENERAL    SCHOOL    LAW  131 

Sec.  Page 

District  created,   when    403 

Domestic   science   teacher,    certificate   of 800-3,  905-1-e      58,     66 

Drawing  teacher,    certificate   of    800-3,    905-1-e,       58,  66 

Drill,     fire     610  54 

Duties,     City    superintendent    schools     1502  80 

Clerk  district  court   2012  99 

Clerk,  school  trustees    512  50 

County    assessor    2011  99 

County      attorney      2206  120 

County  treasurer    1603,  2010         81,     98 

Justice  of   peace    2013  99 

State   Board   of  Education    106  15 

School    trustees     508  47 

Superintendent   Public   Instruction    202  23 

Teachers     803  60 

Truant     officers     1103  73 

E. 
Education,   Industrial — Chapter  XVII. 

Educational,   Examiners,    County  Boards   of    900  62 

Educational,  Examiners,   appeal  from 905-3  66 

Election,    County    Superintendent   of    Schools 300  27 

On  bonds    2015,  2016  100 

On  proposition  to  supply  free  text  books. ., 1811  90 

On  transferring  school   funds    2009  98 

Special,   trustees  may   call    507-6  47 

Superintendent    of    Public    Instruction    200  22 

School,    expenses    of    , 502-12  45 

School     trustees     .. ...  502  39 

To  locate   school   houses 1600  80 

To  build  or  remove  school  houses   508-8,  1600         48,     80 

Electors  of  Trustees,  qualifications  of   502-10  44 

Elocution   teacher,    certificate   of    800-3,  905-1-e     58,     66 

Employment   of   children   between   fourteen    and    sixteen 1102  73 

Employment    of    children    under    fourteen   prohibited 1101  72 

Essays    on    Pioneer    History    1400-3  78 

Establishment  of  county  high   school 2101  111 

Examiners,  County  Board  of  Educational 900  62 

Examinations,    county  certificates,    Chapter  IX. 

Eightn  grade    106-4  15 

Teachers     900  62 

Teachers,     special      900  62 

Papers,    appeal   on    905-3  66 

Questions,    preparation    of    202-11  25 

Existing  certificates  validated    909  67 

Expenses   of   institutes   and    summer   schools 1007  71 

Expenses,    Superintendent   Public   Instruction 204  26 

County   Superintendent    303,  304  31 

School    elections     502-12  45 

Expulsion    of    pupils     508-10  48 

F. 

Fees   for   certificates    : 905-2  66 

Finance,    Chapter  XX. 

Fire  Dangers,  instruction  in    611  55 

Fire     Drill     610  54 

Flags    shall    be  provided 508-21  49 

Floor  space,  amount  of  in  school  houses , 1602  81 

Fraternities,     secret     701  57 

Free  text  books   (See   Text  Books). 

Fund,   building  and  furnishing   2007  98 

Funds,   institute  and  summer  school    , 1005  70 

Fund,    Library    1200  77 


132 


STATE     OF     MONTANA 


G. 


Sec. 


Page 


Gender,    application   of    2200  119 

Grounds    school,    requirements    ' 1600  80 

H. 
High    Schools,    Chapter   XXI. 

Accrediting     106-4,  2112  15,  118 

District,    may   be   established    507-2,  603  46,     53 

District,   relation   to  county  high  school    2112  118 

District,    who   may   attend    604  53 

High   school   teachers'    certificates    910  68 

High   school  teachers   exempt   from  institute    1004  70 

Holidays,     legal     . ., 807,  1300  62,     78 

1. 

Incorrigibles      1907  93 

Indebtedness,    public    11 

Industrial  schools,    Chapter  XIX. 

Industrial  school,   commitment  to   1107  76 

Industrial  Education,    Chapter  XVII. 
Institutes  and  Summer  Schools,  Chapter  X. 

Rules    for     202-9  _•"> 

/                 Instructors    in :>n:.>-f.i.  :',<i2-6  25,     28 

Instruction  in  fire  dangers   611  55 

Instruction   in  prevention   of   communicable   diseases 612  56 

Instructors,    institute    1002  69 

Interest,   payment  of 2035  109 

Isolated  sections,   maintenance  of  school   in    608  54 

J. 

Joint    districts     408  39 

Joint  institutes   1000  68 

Judgment  against  school  districts,  liability  of   board  of  trustees 

for      510  50 

Justice  of  peace,  duty  of   2013  99 

Juvenile    disorderly    persons     1106  75 

K. 

Kindergarten    free 602  52 

Kindergarten    teacher,    certificate    of    800-3,    905-1-e,  58,     66 

L. 

Lands,     public      •. 3,     11 

Liability  of  trustees   for   school   debts    510  50 

Libraries,    school,    Chapter  XTI. 

Libraries,    county   superintendent   shall    supervise    3<>2-7 

Library   lists,    preparation   of 202-13  26 

Light  in  school  houses   1602  81 

M. 

Manual    Training   teacher,    certificate   01 800-3,    905-1-e,  58,     66 

Maps   and   other  apparatus   shall   not  be  purchased   in   districts 

of  third  class  unless  authorized   by  county  superintendent  513,  2204  52,   120 

Meeting  of  school  trustees    505  45 

Misdemeanor,    by    school    trustees    . . . : 511  50 

Money  borrowed  for  maintenance  of  school    2025  104 

Month,      school      606,   807  53,     62 

Music   teacher,   certificate  of    SOO-3.    905-1-e  58,     6H 

N. 

Night    Schools     507-4  47 

Nomination   Trustees,    districts   of   first   class    502-3-a  40 

Districts  of  second  and  third  class 502-2-a          40 

Normal    college,    graduates    entitled    to    teach 108-2-(b)  ly 

Normal   school   credits   on   county   certificate 908  67 


GENERAL    SCHOOL    LAW  133 

Sec.  Page 

Notice   of   sale   of   bonds 2017  101 

Notice   to    bondholders   of   redemption    2021  103 

Number  of  school  trustees    501  39 

O. 

Oath,    county    superintendent    of    schools 300-4  27 

Memoers  State  Board  of  Education     102  14 

Of   office     2205  120 

Superintendent   Public   Instruction    200,  22 

Trustees      502-5  43 

Voters      502-11  44 

Officers,   school,  not  to  act  as '  agents    2203  120 

organization  of  board  of  trustees   504  45 

Organization   of  new  school   district    404  32 

P. 

Parents  to  provide  clothing  for  pupils  of  industrial  schools....  1903  92 

Paroled    children    1905  92 

Pauper    children     1108  76 

Penmanship,    teacher,    certificate    of    800-3,  905-1-e         58,     66 

Permanent    school    fund    2000  95 

Permits      201-14,  905-1-d       26,     65 

Physical    culture,    teachers'    certificate    of 800-3,  905-1-e         58,     66 

Pioneer    Day    1400  78 

Pioneer   History,    Essays   on    1400-3  78 

Plans,   suggestive   for  school   houses    1604  82 

Powers,    board   of   school   trustees    507  46 

Teachers 802  59 

Truant     officers      1103  73 

School  district  as  body  corporate 402  31 

Staie   Board   of  Education    106  15 

Superintendent   Public   Instruction    201  23 

Prevention    of    communicable    diseases     Instruction    in 612  56 

Prevention    of   fires,    Instruction    in 611  55 

Price  list  of  text  books  to  be  printed,   attributed 1808  89 

Primary   teacher,    certificate   of 800-3,  905-1-e         58,     66 

Principals'    certificates    910  68 

Principal,    county    high    school 2104-7-(d),  2106       114,  115 

Principals,    duties    of,    relative    to    truants 1104  74 

Printing  and  binding   2202  119 

Printing   bonas    2023  104 

Privies 508-19  49 

Prosecution  of  truants    1105  74 

Publictaions,     sectarian     prohibited     609  54 

Punishment,  corporal,  how  administered 803-6  61 

Punishment  of   pupils    by    teacher    804  61 

Pupils,  Chapter  VII. 

Pupi.s,    Punishment    by    teacher    804  61 

Purchase  of   charts,   maps  ana  apparatus    2204  120 

Q. 

Qualification  city  superintendent  of  scnools    1501  80 

County   superintendent   of   schools    300-1  27 

(Electors       bu_-10  44 

School  trustees    500  39 

Superintendent   Public   Instruction    200  22 

Teachers     800  58 

Teachers,    county   high   school    2lo4-7-(d)         115 

Quorum  of  Board  of  School  trustees   , . . . .  506  .46 

R. 

Redemption    of   bonds    2020,  2034,     102,  109 

Refund    county   high    school    moneys    to    District    High    Schools..  2112  liS 

Registration    of    certificates     800-3,  905-1-e         58,     66 


134  STATE     OF     MONTANA 

Sec. 

Registration  of  voters  in  third  class  districts    502-10 

Religious    tests    

Renewals    of    certiiicates    906,  909 

Reports,    Clerk    of   District    Court 2012 

Library    1204 

County    Assessor    2011 

County   Superintendent   302-17 

County  Treasurer    2010 

Justice  of  the  Peace    2013 

Trustees      508-15,  16 

Teachers     803-3 

Revocation   of   certificates    905-4 

Road  funds,    transfer   of    2005 

Rules,    library    1204 

Rural,  school  -inspector 201-2 

S. 

Sale  of  bonds,   notice   of    2017 

Schools,   Chapter  VI. 

School  districts,  Chapter  IV. 

School  district  division  of,   having  more   than  one  school  house  405 

School  district,    organization    of   new    404 

School  district,  when  may  be  created    403 

School   fund   permanent    2000 

School    grounds,    requirements    of    1600 

School    house    architecture 1601 

School  houses,   care  of    1606 

School  houses,  floor  space,  air,  light,  in    1602 

School    house    sites     507-6,  1600 

School    houses,    vestibules    in    1605 

School  houses,   water  supply   and   toilet   accommodations.  .508-19,  1607         49, 
Schools,   Industrial,   Chapter  XIX. 

School     laws     202-5 

School  levy,  common   2001 

School   Libraries,    Chapter   XII. 

Schools   maintenance  of,   in   isolated  sections 608 

School,    summer    1006 

School  trustees,   Chapter  V. 

School,   who  may  attend    604 

Secret    fraternities    701 

Sectarian    publications    prohibited    609 

Sites,   school  house 1600 

Sites    of   industrial    school , 1901 

Special  days  not  holidays.   Chapter  XIV. 

Special   elections,    trustees   may   call    507-6 

State   Board  of  Education,   Chapter  I. 

State  Board  of  Examiners   110 

Studies  prescribed  for  elementary  schools    601 

Summer    schools    1006 

Credits  applied  on  certificates    1006-3 

Expense   of 1007 

Summer  scnools  and  Institutes    Chapter  X. 

Superintendent   of    Public   Instruction,    Chapter   li. 

Superintendent  of  Schools,   Chapter  XV. 

Superintendent  of  Schools,   Countv,   see  County  Supt.   of  Schools. 

Superintendent   of   schools,    qualifications   and    duties    of 1501,  1502 

Superintendent  of  schools,  tenure  of   1500 

Supplies,   trustees  not  to  be  interested  in  furnishing  of 509 

Suspension  of  pupils 508-10,  802         48, 

Suspension    of    teachers'    certificates     806 


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